The Bhopal disaster should be remembered when considering what comes after the BP oil spill

As the BP/Gulf of Mexico oil spill dominates the American media, the rest of world has been noting a closure, of sorts, on the Bhopal disaster of 1984.  Seven former Union Carbide executives have been sentenced to 2 years jail each over the disaster.  The CEO, Warren Anderson, showed an appalling lack corporate leadership by leaving India and not facing the charges laid against him in India.

The disaster exposed half a million people to methyl isocyanate, killed almost 4,000 people, and changed the lives of millions.  These changes continue today with birth defects, health problems and contaminated land.

Some media have noted a similarity in corporate responses to initial investigations and inquiries but there are more important lessons involving safety, corporate responsibility and social policy from the Bhopal legacy that should resonate with those American communities affected by the Gulf of Mexico spill.  The mishandling of the aftermath of the Bhopal disaster has exacerbated the horror of that day which can accurately but heartlessly be described as a “process safety failure”.

These issues are tellingly described and reported in a highly-recommended series of radio programs produced by Radio Netherlands and broadcast on 19 June 2010.

Kevin Jones

UK to see similar OHS review to Australia’s

England seems set to have the same debate over OHS laws as Australia has been having recently – a debate that focuses on compliance rather than the establishment of a safe workplace.

UK business groups clearly see Lord Young of Graffham as being like-minded.  On 15 June 2010 Adam Marshall,  Director of Policy and External Affairs of the British Chamber of Commerce is reported to have said:

“While it’s absolutely crucial for employers to take steps to ensure people are safe in the workplace, the proliferation of health and safety rules has resulted in more bureaucracy and less common sense… Lord Young should look to reduce the number of health and safety processes and costs businesses have to face”.

Stephen Alambritis of the Federation of Small Businesses said :

“Our members want the Government to think small first so that health and safety laws stick with small employers, so that they can comply”.

Big business want safety to cost less, small business want to comply – same attitudes as in Australia.   Continue reading “UK to see similar OHS review to Australia’s”

Safe Work Australia at Senate Estimates – harmonisation latest

Rex Hoy of Safe Work Australia (SWA) spoke on 1 June 2010 at the Australian Senate Estimates hearing (around page 44) and confirmed progress on the draft OHS regulations and codes of practice.  The draft Hansard reports Hoy saying:

“Just to cover the areas we are working on: there will be model regulations covering administrative arrangements to support the model act, major hazards facilities, licensing of high-risk work, workplace hazardous chemicals, occupational diving, noise, working in confined spaces, performing manual tasks and induction training for construction work.  There may well be more, depending on finishing this process. Continue reading “Safe Work Australia at Senate Estimates – harmonisation latest”

Off shore drilling safety will change forever

The ramifications for corporate America and particularly, the oil industry, from the Gulf of Mexico oil spill are becoming clearer.  In his 15 June 2010, address to the nation, President Obama stated his financial and operational expectations of BP prior to his meeting the company’s CEO, Tony Hayward on 16 June.

In essence, BP will be required to fund compensation for the families of dead and injured workers and those who are suffering economic hardship as a result of action which the President described as “reckless”.  The distrust of BP was evident by the compensation fund, which is likely to be billions of dollars, being administered by a third party.

But the BP spill has changed the way that oil exploration and extraction will occur in American waters.   Continue reading “Off shore drilling safety will change forever”

What does the Ark Tribe case have to do with workplace safety?

Australian trade unions, particularly those in the construction sector, have strongly supported Ark Tribe in his battle with the Australian Building & Construction Commission (ABCC).  Outside of the world of Australian construction trade union politics, the Ark Tribe issue has been difficult to understand without over-simplifying the issue.

In 2008, Ark Tribe attended a union safety meeting conducted by union organiser Justin Feehan.  The meeting was unauthorised and led to Tribe being called on for an interview with the ABCC.  He refused to attend and legal action has been taken which is likely to be resolved in the Australian courts today.  Tribe faces six month’s jail.

Regularly the saga has been described as one concerning workplace safety.  An unauthorised safety meeting may have been the initial event but the issue passed being an OHS matter very quickly to become one of industrial relations and a cause celebre against the ABCC. Continue reading “What does the Ark Tribe case have to do with workplace safety?”

Lord Young = old approach to OHS

Reviews of OHS legislation by governments are usually keenly anticipated as they mostly occur once a system is broken.  But there seems to be considerable trepidation with the plan announced on 14 June 2010, by the Prime Minister, David Cameron.

Cameron has appointed Lord Young to undertake an extensive review of OHS.  According to the Prime minister’s media statement:

“The rise of the compensation culture over the last ten years is a real concern, as is the way health and safety rules are sometimes applied.

We need a sensible new approach that makes clear these laws are intended to protect people, not overwhelm businesses with red tape.”

Lord Young has a lot of work to do in building bridges after his disastrous appearance at the 2010 conference of the Institute of Occupational Safety & Health (IOSH) in April 2010.  It’s not quite like putting Lord John Browne in charge of a petrol station but…. Continue reading “Lord Young = old approach to OHS”

Comcare at Senate Estimates – enforcement performance indicators

Comcare is often seen as a minor player in OHS regulation in Australia because, although it has national coverage, it limits its OHS and workers’ compensation activities to specific industrial and public service sectors.  Although it is limited, it has a monopoly in those sectors and is powerful.  Its role in Australia’s harmonisation program seems to be just another OHS regulator but it has a unique role and structure.

Recently, Comcare’s CEO, Paul O’Connor, and Deputy CEO, Steve Kibble, addressed the Australian Senate’s Education, Employment and Workplace Relations Legislation Committee in the annual Estimates hearings.  Hansard reports Kibble’s comments (around page 32) on the enforcement activity of Comcare:

“Comcare has initiated 16 civil court proceedings in relation to alleged breaches of the OHS Act since 2004…..

Recent prosecutions include a matter in relation to a federal agent of the Australian Federal Police for a breach of his individual duties of care.   Continue reading “Comcare at Senate Estimates – enforcement performance indicators”

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