Category: law

South Australia is the first to table a new WHS bill

The South Australian Parliament will be the first in Australia to be presented with a Work Health and Safety Bill based on the model National OHS laws. The Work Health and Safety Bill 2011 will be tabled in parliament on 7 April 2011, according to a media release from the South Australian Minister for Industrial Relations, Bernard Finnigan.

Finnigan sees great advantages in the bill:

“Harmonised work health and safety laws will slash red tape for business operators while maintaining a high level of protection for employees,” he said. “It will also provide for greater labour mobility, with training and licences recognised across states and territories.

Organisations will have to comply with just one set of laws regardless of the number of states or territories in which they operate, thereby reducing their compliance costs. Ultimately it means greater certainty for employers and enhanced safety protection for workers.”

There remains some dispute about the optimism that Finnigan shares with many other harmonisation advocates but the validity of the optimism will only be assessed through hindsight.

Kevin Jones

Update 8 April 2011

The Work Health and Safety Bill 2011 is now available online with an FAQ site by SafeWorkSA.

Brodie Panlock – the catalyst for new bullying/stalking laws

“Brodie’s Law” is gaining considerable attention in the Victorian newspapers in anticipation of the introduction of the Crimes Amendment (Bullying) Bill 2011 in Parliament but it may be unreasonable to label these changes “Brodie’s Law” as, although Brodie Panlock’s suicide and the related court actions were the catalyst for the Bill, the proposed Bill is much broader than workplace bullying and, in many ways, focuses more on stalking than bullying, if there can be a differentiation.

The draft bill will broaden the existing offence of stalking in the Crimes Act to capture types of bullying behaviour and are likely to expand the types of  environments in which such bullying can occur. Continue reading “Brodie Panlock – the catalyst for new bullying/stalking laws”

Success from enlightenment not compliance

An article in the InDaily online newspaper for 4 April 2011 provides several safety management issues that are worth pondering. (Thanks to the readers who brought the article to my attention)

Keith Brown was the CEO of South Australia’s Workcover Corporation earlier this century.  He has told InDaily that he lost his position due to a change in the politics of the state and has not been welcome since. (A more personal perspective on Brown was provided by Rosemary McKenzie-Ferguson in a January 2011 blog comment.)

Brown says that the most effective way of reducing the unfunded liabilities of workers compensation is to communicate with all stakeholders in the injury management process.  He believes that

“WorkCover now operates more to service the needs of the bureaucracy compared to the operation he ran for six years in favour of the clients.” Continue reading “Success from enlightenment not compliance”

Workplace safety challenges for the Coffice

What is a workplace?  In Australia, the easy answer is “wherever work takes place”.  This seems sensible and logical but think about it and the impact on businesses and community will be large.  The Sunday Age newspaper reports on one business that is setting down some ground rules for those who are running businesses from their cafe or, what the article describes as “coffices“. Continue reading “Workplace safety challenges for the Coffice”

Election excitement masks OHS confusion

The Liberal Party of New South Wales won last Saturday’s State election in a landslide.  The New South Wales employer associations are jubilant but the jubilation masks some confusion over OHS reforms.

The new NSW government is being urged to act promptly on OHS reform issues particularly by the Australian Institute of Company Directors (AICD) and the NSW Business Council but the media statement of the AICD illustrates the confused understanding of the national OHS reforms. It says

“Reforms should include reducing the burden on business of excessive regulation, re-committing NSW to participate in the national reform of occupational health and safety laws and reducing the excessive liability burden imposed on company directors by state legislation.”

“The new government must move decisively in its first term to reduce unnecessary regulation and red tape, which is strangling business.”

It is acknowledged that the introduction of new OHS laws will substantially increase the need for paperwork in order to produce the evidence required to support compliance, due diligence and positive OHS duties on managers. It seems impossible to achieve OHS reforms with also accepting the increased documentation. Continue reading “Election excitement masks OHS confusion”

Managerial OHS walk-arounds and D&O liabilities

The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster.  Both should be obligatory reading.

Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives.  Hopkins, naturally, uses the Deep Water Horizon case as an illustration of the flaws in the process but walk-arounds should not only be for large projects.

Hopkins shows that the VIPs had an inadequate understanding of safety.  They identified the slips, trips and falls hazards rather than asking questions about the potential major hazards of the facility.  This is a common trap for managers and safety professionals, for those with suitable OHS skills, and one that needs to be actively countered.  Continue reading “Managerial OHS walk-arounds and D&O liabilities”

Understanding people is understanding safety

SafetyAtWorkBlog reader Ken Malcolm submitted this comment in response to Yossi Berger’s article of 21 March 2011 but I think it warrants a post of its own:

It is often said two safety professionals never agree however I do agree SA law has been ineffective.  However let me explain why I think this way.

I am in Victoria, in the business of making sustainable changes in the workplace.  I am convinced that prescriptive legislation does not cut it when you want to improve safety, as Lord Robens recognised.  All you get are thicker law books and people less willing to read them.  In most businesses I consult to, they have a problem and the problem is quite simple.  They have excellent systems but nobody is implementing or enforcing them; or the employees are just not following them. In many cases they have an eager OHS Manager with perfect sets of graphs and records; he or she is busily tracking failure.  What they can’t do is drive a culture change.  BTW, safety culture is what you get when the boss isn’t there.

The requirement to find hazards and manage them according to the unique circumstances of the work environment and of the persons within it, does affect culture if this process is supported by senior execs and fostered or encouraged properly.  Laws that encourage that approach are desirable.  With regards to getting tough, fear motivation does not achieve lasting change and with a normalisation of deviance, greater risks are tolerated by degree until people are climbing on safety rails to clean equipment 6 metres from the ground.  Continue reading “Understanding people is understanding safety”

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