law – Page 228 – SafetyAtWorkBlog

Is OHS part of Labour Law?

The question in the title of this article came about from the release of a fabulous new book by LexisNexis- Butterworths – Australian Labour Law – Text, Cases & Commentary, 5th edition.

Through my introductory look at the book, it seems that occupational health and safety gets around half a page in a book of over 1200 pages. As an OHS reader I was disappointed, as I believe that OHS is an important subset of labour law. My belief is echoed by some Australian publishers who include, usually, a chapter on OHS in their labour law titles. LexisNexis has never been a publisher of OHS information with the market leader being CCH but with Federation Press holding the more quality and original sector.

One possible reason for the lack of OHS is that the authors, Marilyn J Pittard and Richard B Naughton are lecturers in labour law at Monash University and OHS does not feature in their program. Another could be that the book is a monolithic volume already and, perhaps, OHS could not be given adequate attention without adding a couple of pounds to the book and generating a manual handling risk.

It is hoped that LexisNexis realises there is a market opening for authoritative and fresh writing on OHS in Australia, particularly in this period of change due to harmonisation. The morphing of OHS in the areas of due diligence and risk management are particularly interesting to watch. Continue reading “Is OHS part of Labour Law?”

OHS needs plain language, consultation and corporate engagement

An earlier article today provided a reminder of a County Court judge’s criticism of OHS management-speak in a 2004 decision concerning the death of Robert Sergi on a rail bridge construction project near Geelong.

In response to some of the safety initiatives outlined to the Court by the lawyer for Leighton Contractors Ross Ray SC, Judge Gebhardt said:

“Mr Ray pointed to an array of safety initiatives introduced by his client and a welter of documentation was tendered.

I gained the impression from the documents tendered that some form of managerial “hocus pocus” bewitched the company which sought to satisfy the needs and interests of workers with hierarchical and self-serving layers of bureaucratic “bubble-squeak/’ what Mr Ray described as “complex speak”. When the language is destroyed, reality fades and there is no basis for sound and sensible communication. Workers are not instruments, but participants and conversation with them should occur on that basis.”

It is fair to expect that a judge would have come across a large amount of legal jargon through their career and that this could be an advantage in trying to translate management-speak but clearly, in the above situation, this is not the case. Continue reading “OHS needs plain language, consultation and corporate engagement”

Important OHS court decisions go unreported

On 20 May 2010 a Victorian magistrate fined an employer over $A500,000 following a workplace prosecution. Almost all of it went to charity, according to WorkSafe Victoria.

There are several issues raised by Magistrate Vandersteen’s decision:

Why to charity?
Why the particular charities?
Why not allocate the funds to OHS-related organisations or initiatives?
Why does the Magistrates’ Court not make court decisions publicly available?

The workplace incident that started this case was that in August 2008, a 40-year-old man had his arm ripped out of the socket when it became tangled in an unguarded post peeler. He was taken to hospital by an emergency ambulance helicopter where his life was saved. Continue reading “Important OHS court decisions go unreported”

Australian roundtable podcast on workplace bullying

On 21 May 2010, Boardroom Radio (BRR) released a podcast on workplace bullying that includes opinions from some worthy speakers.

Andrew Douglas, Managing Director at Douglas LPT;

Wayne Blair, Fair Work Australia Commissioner;

Gail Hubble, Barrister; and

Anna Palmer, HR Consultant, at Provenio Consulting

Some of the questions are a little peculiar such as whether current generations are more “vulnerable” to bullying. Speakers responded that there are more opportunities for bullying now due to new technologies Continue reading “Australian roundtable podcast on workplace bullying”

New OHS Codes and Regulations for Australia

On 20 May 2010, SafetyAtWorkBlog mentioned the “challenge” of harmonising OHS approaches to bullying and harassment. This morning Safe Work Australia provided a list of the Code of Practice and Regulations that are being developed as part of the OHS harmonisation process:

Model Regulations

“Licences – general e.g. asbestos and high risk.

Workplaces –first aid, personal protection equipment and emergency management.

Plant – general.

Chemicals – inorganic lead, asbestos, labelling, safety data sheets and major hazard facilities.

Other hazards – manual tasks, Continue reading “New OHS Codes and Regulations for Australia”

Harmonising bullying terminology extends well beyond OHS

In May 2010, Workplace Health & Safety Queensland uploaded a Workplace Harassment Assessment Tool. The curious element to the information is that Queensland does not mention the word “bullying” even though the assessment criteria cover this hazard.

As Australia moves to harmonised legislation on workplace safety issues, the harmonisation of terminology is going to be important and probably subject to lively discussion. Continue reading “Harmonising bullying terminology extends well beyond OHS”

Lack of separation of pedestrians and forklifts results in $A24k fine

SafeWorkSA has released details of a successful OHS prosecution concerning forklifts, yet again. But the full judgement has more management information than is usual and deserves to be read in full.

The circumstances, according to a media release (not yet available online) are

“…an incident… in August 2007 in which a 56 year old delivery driver tripped over the tines of a forklift which was about to exit the curtained doorway of a cold-room.”

The judgement in the South Australian Industrial Court expands upon the charge:

“… that Kerafi, being the occupier of a workplace, had failed to ensure so far as was reasonably practicable that means of access to and egress from the workplace was safe. Continue reading “Lack of separation of pedestrians and forklifts results in $A24k fine”

Category: law

Is OHS part of Labour Law?

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OHS needs plain language, consultation and corporate engagement

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Important OHS court decisions go unreported

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Australian roundtable podcast on workplace bullying

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New OHS Codes and Regulations for Australia

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Harmonising bullying terminology extends well beyond OHS

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Lack of separation of pedestrians and forklifts results in $A24k fine

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