Category: lawyers

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”

Confusion over bullying and sexual discrimination on display in air traffic controller media reports

The Australian media is providing considerable coverage to the legal claim by two female workers against Airservices Australia over bullying and sexual discrimination.  Airservices Australia is a government organisation that control aircraft movement over Australian airspace.

The details of the harassment mentioned in the media are quite offensive and have no place in the modern workplace.

There are a couple of OHS related issues that pertain to the legal action and the media articles.  Firstly, the media struggles to differentiate between sexual discrimination, sexual harassment and workplace bullying.  Bullying has the most direct relationship to occupational health and safety but the others generate stress in the workplace and therefore the impacts, if not the actions, fall within the OHS purview.  The Australian Financial Review (AFR) (page 7, not available online) has a headline “Flight controllers sue for sexual discrimination” yet the article reports on bullying.   Continue reading “Confusion over bullying and sexual discrimination on display in air traffic controller media reports”

Apprentice set on fire, bully gets $5k penalty

Most of the Australian media covered the prosecution of the latest of three young men who set fire to a work colleague during their apprenticeships.

As the case was heard in a Magistrates’ Court, the only sources of information on the case are a couple of original media reports and the statement from WorkSafe Victoria which says:

“Matthew Lever, 23, was the third apprentice to be prosecuted after a January 2008 incident where three apprentice mechanics ignited brake-cleaning fluid which they sprayed on another apprentice….

The Ringwood Magistrates’ court today [1 July 2010] convicted Matthew Lever on three charges under the Occupational Health and Safety Act and fined him $5,000. The two other apprentices were convicted on health and safety charges in December 2008, and also fined $5,000 each.” [link added]

WorkSafe says it is “currently investigating a similar incident which occurred in Dandenong in March, where two apprentice mechanics suffered burn injuries after allegedly igniting brake fluid.” Continue reading “Apprentice set on fire, bully gets $5k penalty”

Explosive impacts from the Quin Investments prosecution still to be felt

The Quin Investment prosecution in South Australia is a good indication of the importance of workplace safety and equipment maintenance.

On 24 June 2010, Quin Investments and one of its directors Nikolai Kuzub were found guilty of breaches of OHS law in South Australia by Industrial Magistrate Ardlie.  The incident involved an explosion at an explosives factory in May 2006 that killed three workers, injured two others and flattened the factory.  Pieces of equipment were located over 600 metres away, houses a kilometre away were damaged and the explosion was heard 40 kilometres away according to one media report.

Grant Germein, the lawyer representing Quin Investments, has asserted a conspiracy from, at least, the start of the court case:

“He said the company was being used as a scapegoat and SafeWork SA’s investigation into the incident was “not directed at the cause of the explosion”, but to “see if they could find a culprit”. Continue reading “Explosive impacts from the Quin Investments prosecution still to be felt”

BBC podcast on UK’s OHS review

The BBC’s radio program, Politics UK, for 18 June 2010 includes an uncredited discussion on the OHS review announced by Prime Minister Cameron recently.  The discussion occurs at the 20 minute mark of the podcast which is available to download for a short time.

Much of the content seems to reflect the thoughts and comments of The Telegraph article by Philip Johnston but at least the BBC reporter acknowledges that the issue is not really health and safety but the “fear of litigation”.

There is an interesting reference to the “goldplating” of European Union directions and the issue of food safety and cheese is mentioned.  The impression given is that the more significant and, perhaps, the more difficult challenge for Lord Young is not OHS but the “compensation culture”.  If this is the case, OHS may come off the worse of the two as it may be given a secondary priority.

Kevin Jones

Safe Work Australia at Senate Estimates – harmonisation latest

Rex Hoy of Safe Work Australia (SWA) spoke on 1 June 2010 at the Australian Senate Estimates hearing (around page 44) and confirmed progress on the draft OHS regulations and codes of practice.  The draft Hansard reports Hoy saying:

“Just to cover the areas we are working on: there will be model regulations covering administrative arrangements to support the model act, major hazards facilities, licensing of high-risk work, workplace hazardous chemicals, occupational diving, noise, working in confined spaces, performing manual tasks and induction training for construction work.  There may well be more, depending on finishing this process. Continue reading “Safe Work Australia at Senate Estimates – harmonisation latest”

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