Category: law

Can OHS achieve “practical wisdom”?

Continuing SafetyAtWorkBlog’s belief that the best advice on workplace safety often comes from people outside the OHS discipline, Professor Barry Schwartz of Swarthmore College was interviewed in the Australian Financial Review on 30 March 2010 (only available by subscription).  Schwartz was talking about the social and regulatory impact of the global financial crisis but his take on the obeying of, and dominance of, rules seems equally applicable in OHS.

“Schwartz says the common response to crises…..is to reach for more regulation.  But the problem is that these people who run these banks are smarter than any set of rules we can come up with.  So what will happen is that [the rule] will work for a while, and then people will find a way to subvert them.”

He goes on:

“I think a lot of the trouble that we have is that you’ve got these people who run institutions, the CEOs, make speeches about how ethical they are and they may even mean it, but the people who are actually making the day-to-day decisions know that unless they make their targets, they are going to lose their jobs. Continue reading “Can OHS achieve “practical wisdom”?”

OHS lawyers see opportunities in harmonisation of laws

The current edition of Lawyers Weekly includes some thoughts from Australian lawyers on the impact of the harmonisation of Australia’s OHS laws. 

Michael Tooma of Norton Rose believes that the new positive duty of officers has sparked interest in improving corporate governance.

Graeme Smith of Freehills has seen an improved recognition of lawyers’ roles in developing commercial contracts.  He also sees OHS as being better accepted as an element of risk management.  According to the article entitled “OHS shrugs off the GFC”, Smith believes

“…national harmonisation will raise the profile of OHS, and in the long-term, OHS will find itself established as a discrete but integral aspect of corporate governance, compliance and risk management…”

He sees this as a golden opportunity for lawyers.   OHS law seems now to be dependent on lawyers where, before, it used to be a law that workers, managers and the layperson could read, understand and implement.  Safety professionals need to use legal experts when required but should have the confidence to manage safety through the harmonised framework first.  Crucial to whether the lawyers dominate will be the quality of guidance provided by OHS regulators and the authority of the voices of the OHS profession.

Kevin Jones

New OHS advice on quad bikes

On 22 March 2010, Workplace Health & Safety Queensland released new guidance on the use 0f quad bikes.

There is no radical solution to quad bike deaths but there are some variations to existing advice which should be noted.

The most obvious is that “quad bike” is used through instead of ATV (all-terrain vehicle).  This may annoy manufacturers but is very sensible given that the risks listed with using quad bikes specifically says that

“Quad bikes are designed for particular purposes and within particular operating conditions. Using them outside these parameters can significantly increase the risk of severe injury or death.” Continue reading “New OHS advice on quad bikes”

Workplace bullying needs harmony and good managers

The Australian Financial Review on 24 March 2010 includes an article (only available through subscription or hard copy purchase) that states that the “tangle of state laws hampers compliance” by business on the issue of workplace bullying.  Harvard Business Review reports on how to cut through the distractions and attend to a root cause of workplace bullying. Continue reading “Workplace bullying needs harmony and good managers”

Australian MP mentions workplace bullying but is short on practical controls

On 18 March 2010, the last sitting day of that session of Australia’s Parliament, Labor Member of Parliament , Bill Shorten, spoke about workplace bullying and the OHS prosecutions that stemmed from the bullying and suicide of Brodie Panlock.  Some of his short speech rehashed details of the workplace bullying prosecutions but, according to the draft of Hansard (page 93), Shorten made some useful remarks:

“I rise to speak on the issue of workplace bullying.  We would not think it was acceptable for people to come to work and be exposed to asbestos or toxic chemicals.  We should not think, therefore, that it is appropriate for them to be exposed to the toxic behaviour that is sustained and malicious bullying.  I believe that this kind of bullying is something which can be eradicated.  We have changed attitudes on smoking in the workplace and on sexual harassment; there is no reason why we cannot eliminate forever bullying in the workplace.

Bullying is an absence of kindness and Continue reading “Australian MP mentions workplace bullying but is short on practical controls”

Prominent OHS lawyer to facilitate workers’ compensation reform discussions

SafetyAtWorkBlog has been able to confirm the rumour that Barry Sherriff, a prominent Australian OHS Lawyer who recently joined Norton Rose, has been contracted to facilitate a series of exclusive forums on the reform of Australia’s workers’ compensation system.

Sherriff was one of the triumvirate who investigated a model OHS law for the Australian Government and should fulfill his contracted role for Safe Work Australia (SWA) admirably. Continue reading “Prominent OHS lawyer to facilitate workers’ compensation reform discussions”

Harmonisation of Australia’s workers’ compensation system begins

SafetyAtWorkBlog has learnt that the national harmonisation process for workers’ compensation has formally begun with one of the first meetings being scheduled in Melbourne at the end of March 2010 and organised by Safe Work Australia.  The two-day meeting is invitation only and invitations have been sent to relevant stakeholders – insurers, rehabilitation, providers, unions…… The meeting is almost an introduction to the reform process but could provide a clear indication of the tensions and challenges for this program in the future.

Workers compensation issues in South Australia have been receiving considerable coverage in SafetyAtWorkBlog over the last few weeks.  The bigger picture in the complaints that the Australian Government has committed to a program of national harmonisation of workers’ compensation schemes, currently administered separate by each State.  This process is a bigger challenge than harmonising workplace safety laws and may be bigger than the reintroduction of a more worker-friendly industrial relations system.

The ABC News bulletin (video available) in Melbourne on 17 March 2010 ran a lead story about doctors’ reluctance to treat injured workers Continue reading “Harmonisation of Australia’s workers’ compensation system begins”

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