lawyers – Page 30 – SafetyAtWorkBlog

If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?

If safety culture is set and developed by leaders, what does it mean when a Prime Minister launches a scheme that places the creation of jobs over the need for worker safety?

Two days before International Workers’ Memorial Day, the Australian Broadcasting Corporation’s Four Corners program analyses the failed insulation scheme initiated by the Australian Government in 2009.

According to the Four Corners website:

“Four Corners takes a forensic look at a chain of events that began with so many good intentions but ended in death and political humiliation. What exactly were the warnings given to the Department of Environment and the Minister Peter Garrett? Why did senior officials inside the Department reject safety concerns, preferring to play up the job creation aspects of the program?”

An audio preview of the Four Corners is available online. In that interview a whistleblower from the Department of the Environment states that

“..we were told that safety was of less importance than job creation.” Continue reading “If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?”

How revolutionary could the Work Health and Safety Act be?

In April 2010, the Australian Government is busy negotiating a new health reform package. It is likely that the next stage of the reforms will be in the Australian Senate which brings Nick Xenophon into the negotiations. On 21 April 2010, The Australian reported Xenophon saying:

“…he had “an open mind” on the deal brokered by the Prime Minister yesterday but wanted to ensure it had a strong emphasis on preventative health, which was the ultimate “test of the health system”.”

Senator, Nick Xenophon, provides a good example of how personal ideals cross social boundaries and professional disciplines. His focus on the prevention of harm covers public safety and workplace safety illustrates the interconnection that an ethical stance can bring social issues that are governed under different laws and expectations. Continue reading “How revolutionary could the Work Health and Safety Act be?”

Australian safety conference – confused but in a good way

Day 2 of the Safety In Action Conference is almost over and I am confused. Some speakers say that safety cannot be improved without commitment from the most senior executives of a company. Others are saying that safety improvement can be best achieved by trusting employees.

One speaker questioned the validity of the risk management approach to safety. A colleague argued that this was not a return to prescriptive legislation, regulation and codes of practice but an opportunity for companies to assess their needs and set their own “rules” of compliance based on the risk assessment results, effectively determining their own level of OHS compliance.

Another speaker speculated that a particular Federal Minister may have been prosecuted under the model Work Health & Safety Act if Ministers had not been excluded from their duty of care.

Some see new the OHS laws as revolutionary, others see it as tweaking a legislative approach that is over 30 years old.

Some speakers I found thought-provoking, others thought these were facile and had lousy PowerPoint skills.

What this Safety In Action Conference in Australia has not been is dull. Continue reading “Australian safety conference – confused but in a good way”

Phenomenology and the safety professional

In Australia, safety management is being progressed most obviously through sociology and the work of Andrew Hopkins. But perhaps it is possible to cut through some of the commercial “safety culture” twaddle by looking at the work of philosophers and the concept of phenomenology. As any modern student seems to do instead of reading the original, look to the movie.

On 20 April 2010, Australian lawyer, Andrew Douglas, channeled The Matrix in trying to challenge the thinking of the audience of OHS professionals at the Safety In Action conference.

In his conference paper, Douglas compared the positive and negative safety cultures to the blue and red pill choice that Morpheus offers Neo. Continue reading “Phenomenology and the safety professional”

Fortescue Metals contests cyclone deaths

In December 2008 Fortescue Metals Group said it would contest charges it breached OHS laws over the death of two people. In April 2010, it is seeking to avoid the charges.

On March 9 2007, tropical cyclone George hit a camp site in north-west Australia killing two people and injuring others. The temporary accommodation shelters, “dongas”, in which workers were sheltering provided insufficient protection for many workers.

According to one media report on 12 April 2010, the lawyer for FMG, John Karkar,

“…. said his clients’ operations were governed by the Mines Safety Inspections Act because the Pilbara camp was built for the accommodation of mine workers and workers who were building a railway line which was to be used to transport iron ore.” Continue reading “Fortescue Metals contests cyclone deaths”

Restorative Justice research gets funding boost as US hearings focus on workplace bullying and suicide

The role of restorative justice in workplace incidents has received a major boost from the Legal Services Board in Victoria. According to an April 2010 newsletter from the Creative Ministries Network additional research funding has been received for a quality assurance framework. As mentioned in the article below restorative justice could have particular benefits to instances of workplace bullying.

Several of the suggestions and areas of research echo some of the issues raised in US Assembly Labor Committee hearings on workplace bullying and suicides in the last few days.

“The Creative Ministries Network has received a further grant from the Legal Services Board to undertake a project to develop a Victorian quality assurance framework for any restorative justice service operating in the area of work-related death. The project will also examine whether this framework may apply to work-related injury, especially in areas such as workplace bullying. Continue reading “Restorative Justice research gets funding boost as US hearings focus on workplace bullying and suicide”

Information flow is critical for sound Board decisions on OHS

Peter Arthur, a Partner with Australian law firm, Allens Arthur Robinson, spoke on Boardroom Radio on 1 April 2010 about new duties that national OHS laws will place on Directors.

Although there are six elements in the new general duty, Arthur says that they all can come under the category of “information flow”. Continue reading “Information flow is critical for sound Board decisions on OHS”

Category: lawyers

If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?

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How revolutionary could the Work Health and Safety Act be?

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Australian safety conference – confused but in a good way

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Phenomenology and the safety professional

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Fortescue Metals contests cyclone deaths

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Restorative Justice research gets funding boost as US hearings focus on workplace bullying and suicide

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Information flow is critical for sound Board decisions on OHS

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