Category: lawyers

Labor lawyer raises strong concerns over new Work Health and Safety laws

Yesterday morning, Mike Hammond of the Australian law firm, Norton Rose, conducted a seminar on the harmonisation of Australia’s work health and safety laws.  This was the last in the current series of seminars on this topic but Hammond’s seminar differed considerably from previous sessions.  Hammond is clearly less than enamoured with the model Work Safety and Health Act, describing parts of the legislation as “bad law” and asking whether the laws were examples of “social engineering”.

Understandably, these comments generated considerable discussion from the audience of around 50 people.

The crucial nub of Hammond’s concerns was the lack of essential definitions in the model law.  Continue reading “Labor lawyer raises strong concerns over new Work Health and Safety laws”

Opinion to HIA based on estimates, assumptions and unverified data

The SafetyAtWorkBlog inbox this afternoon received a document entitled “The Work Health Safety Bill – Review and Economic Impact Estimates” by consulting firm, Hudson Howells.  SafetyAtWorkBlog has been advised that this report was recently prepared at short notice on behalf of the Housing Industry Association (HIA).  It may be one of the documents seen by at least one South Australian Parliamentarian in the  recent debate on OHS harmonisation, as reported in a blog article earlier today.

The document provides some background to the HIA’s claims that the costs of domestic housing may increase by around $A20,000 per dwelling due to the introduction of harmonised workplace health and safety laws in South Australia. Continue reading “Opinion to HIA based on estimates, assumptions and unverified data”

South Australia’s postponement of harmonisation shows the political weaknesses of the process

South Australia’s Parliament has delayed the introduction of its Work Health and Safety (WHS) Act until 2012 by postponing debate on the WHS Bill until February 2012.  The instigator for this action was the opposition (Liberal) parliamentarian, Rob Lucas, who SafetyAtWorkBlog has written about previously.

Lucas has issued a media release that states

“The Weatherill Government has continued to ignore the growing concern from industry organisations about the impact on housing affordability and the costs of doing business. Employer groups such as Business SA, the Housing Industry Association, Master Builders Association, Motor Traders Association, Australian Hotels Association, Civil Contractors Federation, Self Insurers of South Australia, and Independent Contractors Australia are all supporting significant amendments to the legislation…..

“It is also now clear there is no prospect of ‘harmonised’ work safety laws operation in all states and territories. Continue reading “South Australia’s postponement of harmonisation shows the political weaknesses of the process”

Quad bike manufacturers withdraw from the safety campaign

The Weekly Times newspaper can feel justifiably chuffed that it has played a significant role in changing some of the attitudes on the safe operation of quad bikes.

It’s front page article on 23 November 2011 reports on a considerable backdown by quad bike manufacturers in Australia on the issue of rollover protection structures (ROPS) or crush protection devices (CPDs). (The cartoon is very funny also) Motorcycle manufacturers have been supporting a campaign and website through the Federal Chamber of Automotive Industries (FCAI) but even recent media releases (FCAI MOVES TO DE-BUNK ATV ROLL-OVER PROTECTION MYTHS )  have been removed from the FCAI website  and the FCAI spokesperson has been “directed by ATV makers not to discuss the issue” according to the Weekly Times.  FCAI’s 2010 position paper on quad bike safety continues to be accessible.

New CEO

SafetyAtWorkBlog has been told that there is industry speculation that the sudden change in policy direction is due to the September 2011 appointment of a new CEO, Ian Chalmers. Continue reading “Quad bike manufacturers withdraw from the safety campaign”

Small fine of $1250 but important safety lessons

An OHS fine of $A1250 hardly seems newsworthy but several important issues are illustrated by a prosecution in Western Australia on 10 November 2011, particularly, individual responsibility and accountability.

WorkSafe WA has released details of a prosecution against an individual worker over the fall of material from 15 metres towards fellow construction workers.  The media release (not yet available online) says that

“In July 2009, Mr Bell was employed by Perth Rigging Company Pty Ltd on a site at Naval Base where steel roof sections were being placed on concrete silos. He was in charge of arranging how the steel roof sections would be lifted into place.

The first roof section had been placed on one of the silos, and the second section (which was 18 meters long, six metres wide and weighed more than 10 tonnes) was to be lifted onto another of the silos.

Perth Rigging did not have available the necessary rigging equipment to lift this roof section, and the site supervisor offered to obtain this equipment. The offer was accepted, but Mr Bell did not stipulate what rigging equipment was required. Continue reading “Small fine of $1250 but important safety lessons”

There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria

WorkSafe Victoria has been heavily criticised in the media over recent days about “revelations” of workplace bullying within the authority, a government authority that has the role of regulating workplace safety, a role that includes reducing the risk of bullying.

It would be easy to only look at the newspaper articles of this week but the issue has been bubbling away for some time.  WorkSafe has always struggled with addressing workplace bullying in its own staff, the community and other government agencies.  But this is not unique.  A 2010 report on bullying in the Victorian public sector showed a high incidence of workplace bullying across the public service going back to 2005.  What makes the WorkSafe situation different is that the hazard of workplace bullying is being alleged in the organisation who should know best how to control it.

The Age has reported previously on bullying in the public service previously in 2005.  The Age reported then that

“The Government’s own research, based on a survey of 14,000 public sector workers, found that more than one in five had been bullied or harassed by colleagues or managers in the past year. A further 40 per cent had witnessed others being abused.”

Karen Batt, a long-serving State Secretary of the Community & Public Sector Union (CPSU), has been outspoken on workplace bullying every time the matter has been raised in survey reports and the media for many years.  The recent Age articles quote her extensively and The Age’s publisher, Fairfax, has even posted recent audio of Batt’s opinions.

But it is important to ask why the issue of workplace bullying at WorkSafe has reappeared, now,  in late September 2011. Continue reading “There is a whiff of media manipulation on recent allegations of bullying at WorkSafe Victoria”

Regulatory Impact Statement to be released on 14 September 2011

According to a media release from Senator Chris Evans, the Australian Minister for Workplace Relations,  the Regulatory Impact Statement for the new OHS regulations will be released today, 14 September 2011.  The release is not yet publicly available on-line so the full text is included below:

New health and safety regulations to boost national productivity

“Historic health and safety reforms will deliver up to $2 billion a year in productivity gains Minister for Workplace Relations, Senator Chris Evans said today.

The Regulatory Impact Statement (RIS) for the harmonisation of health and safety regulations released today confirms the economic benefit of a national OHS system and demonstrates that the reforms are on track to be implemented by 1 January 2012.

“The Statement vindicates COAG’s decision in 2008, and the Gillard Government’s determination to pursue OHS harmonisation as a key economic reform,” Senator Evans said. Continue reading “Regulatory Impact Statement to be released on 14 September 2011”

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