Category: lawyers

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.

Continue reading “Safety rationalisation doesn’t end with an improving economy!”

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”

Never admitting guilt is contrary to OHS principles

Many companies plead guilty to breaches of OHS legislation but remain convinced that they have done nothing wrong.

Employers have been constantly frustrated by never being sure that they are complying with OHS law because compliance is now a very grey area and one that  few people are brave enough to say has been achieved.  So it is no surprise when an employer responds to a workplace incident by saying “I’ve done nothing wrong”.  In their experience this statement is true but if they had a basic understanding of safety and OHS law (two very different things), they would know that if an incident occurs something must have gone wrong. Continue reading “Never admitting guilt is contrary to OHS principles”

Clarity of OHS laws in Australia

On 2 September 2010, an interview I undertook with Radio Atticus was broadcast in Australia  (9 minute mark of the podcast)  Radio Atticus is a law program on public radio in Australia.

As well as my comments, the reporter, Nat Cagilaba, interviewed Neil Foster of the  University of Newcastle (referred to as Ian in the podcast I believe).  We discuss the intended role and the current reality of OHS laws.

Comments on the audio are welcome.

Kevin Jones

IOSH responds to OHS misperceptions

If ever there was an indication that the UK’s Institute of Occupational Safety & Health (IOSH) is the leading OHS organisation around the world, its entry into the OHS debate generated by the new UK Prime Minister, David Cameron, and the inquiry into OHS by Lord Young confirms it.  “Rebalancing Act?” is a terrific summary of the major points of contention in the debate.

But, IOSH is also pursuing a reform that should have a much greater impact on the OHS profession.  It is establishing a professional accreditation scheme that should set the benchmark for other OHS professional associations elsewhere, particularly in Australia.  The scheme is not revolutionary but the process IOSH has used to build the scheme is admirable, especially when compared with the Australian HaSPA program that has stagnated, apparently, due to organisational politics. Continue reading “IOSH responds to OHS misperceptions”

Tooma takes aim at the Environment Minister over accountability

Participants at the 2010 Safety In Action conference and the 2010 ASSE Conference will be familiar with lawyer, Michael Tooma‘s faith in due diligence to improve safety management in Australia.  In the lead-up to his appearance at another Australian OHS conference in October 2010 he has again restated his faith but this largely ignores the changed political context of OHS harmonisation on which the new Work Health and Safety laws are based.

I have mentioned Australia’s current peculiar political position elsewhere.  The uncertainty of Federal politics overlaps and could greatly affect the OHS harmonisation process, or rather, its application.  It seems even more likely that the Labour Governments in Queensland and New South Wales will fall at their next State elections rendering the fast becoming an ideal of OHS harmonisation dead.

Tooma (pictured right) makes no mention of the changed political reality in a recent media release concerning his upcoming conference appearance although he is willing to take a pot shot at the Federal Environment Minister, Peter Garrett, over the lack of accountability over the deaths, fires and injuries that resulted from the botched home insulation scheme. Continue reading “Tooma takes aim at the Environment Minister over accountability”

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