lawyers – Page 26 – SafetyAtWorkBlog

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.

Conference videos provide optimism and nerves

Several years ago I assisted the Safety Institute of Australia in providing introductory video profiles for many of their conference speakers. The intention was to provide a teaser for the content of conference presentations and to introduce more obscure speakers. The strategy is continuing with several pre-conference videos being made available on-line.

Conference teasers in 2011 include Professor Niki Ellis and Australian lawyer, Andrew Douglas.

Andrew Douglas

Andrew Douglas says that safety professionals need to be careful of jargon as it can create an impenetrable elitism that may run counter to the aim of the profession. Part of the risk of professional jargon is that it may support an inaccuracy that creates considerable damage.

Douglas identifies “zero harm” as an example of a phrase or concept that con become popular, perhaps dominant, even though it may be unsupported by OHS laws. Because the laws and the reality of workplace safety is that there will always be people who are hurt or injured at work, “zero harm” is unattainable and those who utter the “mantra of zero harm”, as Andrew Douglas describes it, lose any OHS credibility. Continue reading “Conference videos provide optimism and nerves”

OHS harmonisation to result in a substantial increase in costs to business

Australian lawyer Andrew Douglas has provided a frank assessment of the OHS harmonisation process instigated by the Australian government to reduce red tape and administrative costs of safety. In Smart Company on 1 March 2011, Douglas wrote:

“…the Model Act, the regulations and documents that flow from it will dramatically increase state-based businesses legislative compliance, will massively increase the paperwork proving compliance and will inevitably lead to a substantial increase in costs to business in managing safety and OHS.”

Most State governments continue to support the harmonisation process, in almost all its elements, as a positive for business. So what’s the story here?

Andrew Douglas’ opinion needs serious consideration as it is one of the few contrary positions expressed to date. Continue reading “OHS harmonisation to result in a substantial increase in costs to business”

Only animals should die in abattoirs

The Sunday Age of 30 January 2011 ran an article about the status of workplace safety in some of Victoria’s abattoirs. The article has some similarities to the landmark investigations by Eric Schlosser into work practices and compensation issues related to meatworks in the United States.

The Sunday Age says that

“(Last financial year [2009/2010], there were 355 workers’ compensation claims in Victoria’s meat industry that required at least 10 days off work, or cost more than $580 in treatment, or both – almost one a day. Nationally the industry’s injury and illness rate remains twice as high as that in the construction industry, and four times the average of all workplaces.”

Many would say that meat work is “inherently dangerous” but in the article lawyer Trevor Monti, contests the perception

”Yes, it’s a difficult industry and the work can be hard,” he says. ”But with proper consideration given to the system of work, the risk of injury can be significantly reduced.”

This is a position with which OHS professionals and regulators would agree.

It is significant that, if the comparative figures quoted above by the Sunday Age are accurate, abattoirs do not receive the enforcement attention that the construction industry receives. Is it that the construction industry is largely unionised and the meat industry much less so? Is it that abattoirs are rorting the immigration visa system as asserted by the Australian Meat Industry? Continue reading “Only animals should die in abattoirs”

Safety rationalisation doesn’t end with an improving economy!

Guest contributor, Gerard May, writes

The economic circumstances an organisation finds itself in can greatly affect their approach to workplace health and safety. Tough economic times are still ahead for some industries and organisations, while others who rationalised for survival through the global financial crisis will begin to prosper. This article will delve into what may be happening to Occupational Health and Safety (OH&S) in organisations heading into both tough and improving economic times. The economy will play a role.

Rationalisation in the manufacturing industry appears likely as the Australian Industry Group’s Performance of Manufacturing Index showed nine out of the 12 sub-sectors in the industry went backwards in December 2010[1]. Pricewaterhousecooper‘s (PwC) Australian-based global head of industrial manufacturing, Graeme Billings, recently stated,

“In the face of…declines in activity and the continuing slump in new orders, it is imperative that businesses continue to search for efficiencies, improvements and innovative approaches to their markets, products and business models[2].”

OH&S will surely be in the sights of rationalisation in the sector.

Analysis of Montara oil spill reports begins

Legal analysis of the Montara oil spill inquiry reports have started to emerge. One of the first is by Allens Arthur Robinson (AAR). It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured. To many the explosion has far more relevance as an environmental or process safety matter but considerable benefit can be gained by realising the Montara oil disaster was a substantial near-miss.

AAR looks at broader impacts of the Australian government’s response to the disaster. AAR states that “we can expect to see moves by the Federal Government towards establishing a national regulator.” Why should such a move only apply to offshore petroleum exploration? If there is considerable administrative and regulatory advantages in a single petroleum exploration regulator, why not apply the same approach to the regulation of workplace safety? Continue reading “Analysis of Montara oil spill reports begins”

Consultation and issue resolution should be top OHS priorities

Labour law firms in many cities conduct free seminars on the legal issues of the day. These may involve union right-of-entry, OHS changes, privacy or right-to-know. The seminars are intended to generate custom by showing how informed and professional the legal firm is. Commercially for the firm, the seminars are a good idea. For safety consultants and small business operators, such seminars can be invaluable.

Recently in Melbourne, a prominent law firm, Freehills, conducted a breakfast seminar on “Tips on managing legal risk following a workplace incident” at which a short time was spent at the end discussing OHS harmonisation changes and the expected impacts of the legal changes on business. (Off-blog I received an email about this matter only last night as it relates to schools.) Freehills’ Senior Associate, Steve Bell, presented the following graph. Continue reading “Consultation and issue resolution should be top OHS priorities”

Category: lawyers

South Australia is the first to table a new WHS bill

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Conference videos provide optimism and nerves

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OHS harmonisation to result in a substantial increase in costs to business

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Only animals should die in abattoirs

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Safety rationalisation doesn’t end with an improving economy!

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Analysis of Montara oil spill reports begins

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Consultation and issue resolution should be top OHS priorities

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