The nonsense of Victoria’s non-harmonisation

[Guest post from Ross Macfarlane]

A rhetorical question: if you were an OHS advisor for, say, a Victorian construction company, would you prefer to rely on a regulatory guidance document issued in 2012, under legislation which is not in force in the State, or one which is well over 20 years old, and issued under another piece of legislation which is not in force in this State?

It is received wisdom in OHS professional circles that the continuing failure of Victoria and Western Australia to implement harmonised work health and safety laws is a triumph of politics over policy – a victim of lobbying by special interest groups, mostly of a conservative persuasion. It is a fact that the goal of nationally harmonised laws was established during John Howard’s Prime Ministership, but it is also a fact that the national model laws were adopted by the Council of Australian Government (COAG) in July 2008 (with a target date for adoption of 1 January 2012,) in a narrow window of time when Labor governments were in power in the Commonwealth and every Australian State and Territory.

I don’t wish in this article to dwell on the politics surrounding of the adoption, rejection or modification of the harmonised laws. Key ideological differences such as the magnitude of penalties and union right of entry are I believe of less consequence than the failure to adopt the common structure and common approach to regulation. Hence I want to focus on some of the anomalies and contradictions that have arisen in Victoria as a result of the laws not being adopted in this State. Continue reading “The nonsense of Victoria’s non-harmonisation”

Beyondblue’s latest research report is too narrow

Beyondblue has just released a report into the cost of mental health in the workplace prepared by PricewaterhouseCoopers (PwC) and called “Creating a mentally healthy workplace – Return on investment analysis“. The report is interesting but of limited use for those looking for ways to make their own workplaces safer and healthier with minimal cost.  The Beyondblue  media release claims

“… that Australian businesses will receive an average return of $2.30 for every $1 they invest in effective workplace mental health strategies.

The research, which looked at the impact of employees’ mental health conditions on productivity, participation and compensation claims, also found these conditions cost Australian employers at least $10.9 billion a year.”

The first claim looks attractive but achieving such a return is unlikely unless the company includes the following:

  • “commitment from organisational leaders,
  • employee participation,
  • development and implementation of policies,
  • provision of the necessary resources, and
  • a sustainable approach.” (page iv)

The best chance for the return on investment (ROI) will likely occur in a company that has an enlightened management, “necessary resources” and a leadership that is already likely to have mental health and a safe organisational culture on its agenda.  This is a rare combination which limits the application of the PwC report findings.

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Ministerial responsibility in finance but not in workplace safety

Ministerial responsibility seems to be advantageous in financial policies but irrelevant to workplace safety going by actions by Australia’s political leaders.  This week former senior (Labor) parliamentarians, Mark Arbib, Peter Garrett, Greg Combet and Kevin Rudd, will be fronting the Royal Commission into Home Insulation to explain their lack of due diligence on workplace safety matters.  This is only a week after the Federal (Liberal) Government released a Commission of Audit report that promoted ministerial responsibility.

The popular perspective is that these ministerial decision-makers will be held to account for the deaths of four young workers but this is unlikely to occur because State occupational health and safety (OHS) laws establish a direct OHS relationship between employers and employees and the senior politicians did not employ anyone who was installing home insulation.  The argument at the Royal Commission mirrors the chain of responsibility concept except that in work health and safety (WHS) legislation, government ministers are not covered by the definition of ‘officer’ and therefore have less OHS/WHS responsibility that anyone heading up a company or organisation.

Labour lawyer

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“It’s easier but it isn’t easy” – OHS leadership tips from IOSH

The Institute of Occupational Safety and Health (IOSH) recently uploaded a swag of videos to YouTube, ostensibly, to promote its upcoming conference.  One video asks if it is harder or easier to inspire leadership on OHS matters.  Most speakers believe it is easier because:

  • there is a stronger social expectation of higher safety standards,
  • managing people is more inclusive,
  • technology allows more effective communication,
  • leaders are coaches,
  • people have a greater awareness of how to be safe.

Some believe it is harder because:

  • it is more difficult to have faith in corporate leaders,
  • companies have a more complex structure of accountability and responsibility,
  • there is greater cynicism of corporate leaders due to the GFC in 2007.

One speaker at IOSH’s upcoming conference says “It’s easier but it isn’t easy” acknowledging past improvements and future challenges.

The IOSH videos are promoting the conference but there is food for thought in all of them.  Conferences in Australia have tried similar teaser ads (some including the author) for conferences but not to the extent that IOSH has through YouTube.  As safety conferences seem to be fading in both length and influence in Australia, such videos will become rarer but, as with rarity, the content may become more valuable.

Kevin Jones

“Safety is paramount”, “safety is our number one priority” = bullshit cliches

After a major incident or at an Annual General Meeting, it will be common to hear a senior executive state something like “Safety is our number one priority”.  This is unrealistic and almost absurd because even in the most worker-friendly company, the continued existence of that organisation is the real and ultimate goal.  Most corporate leaders believe these safety clichés because they think they reflect their own values but the statements are misrepresenting occupational health and safety (OHS) and need to be questioned.

Corporate leaders who say such statements are not hypocrites.  They are more likely to not understand the consequences of their statements.  If safety really is the number one priority, an executive should be able or expected to close the company if its work cannot be conducted safely.  If a company’s people are paramount to the success of the company, how does it handle an accusation of bullying against a manager?  Which of the people does the Board or the company choose to keep and which to lose?  Should it keep the “evil” sales representative because the rep is its most effective salesperson or sack the rep because he or she is abusive?

These are executive decisions that need to be worked through if any company is to develop an effective operational culture that truly values the safety of its workers.  It is vital that the reality behind the statements is analysed and acted upon, or perhaps such statements should not be uttered in the first instance.

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OHS can be a force for social change, if anyone could be bothered

HesaMag should be obligatory reading for all OHS professionals, not just those in Europe. The editorial in the most recent edition (9 and not yet on line) is a great example of the value of this free magazine. It critically discusses the upcoming International Workers’ Memorial Day and its significance.

It asks for everyone to enact the commitment shown on each April 28 to every other day of the year. It says:

“Let’s not be taken in by the false sentiment on 28 April, but demand a clear and detailed accounting”

It asks why EU OHS legislation has been so slow to appear or be revised but equally, in Australia, questions should be asked about the status (failure in my opinion) of WHS harmonisaton, the lack of attention to the causes of workplace mental illness, the status of workplace bullying claims in the Fair Work Commission, the lack of attention to heavy vehicle OHS matters by the safety profession and the insidious encroachment of the perception of OHS as a failure of the individual rather than a failure in the system of work. Continue reading “OHS can be a force for social change, if anyone could be bothered”

CEO survey shows odd attitude to OHS

Cover of AiGroup CEO Survey 2014One has to be very careful with surveys, particularly those involving business confidence or surveys of an organisation’s membership base.  These are often surveys of perception which may not correlate with reality and can be used as an excuse to lobby government or set an agenda rather than determining a societal truth.  A recent example of this type of survey seems to have been produced by the Australian Industry Group entitled “Burden of Government Regulation“.  The AIGroup’s media release accompanying the report states that

“Over 83% of employers surveyed listed regulation related to industrial relations and occupational health and safety as a significant regulatory burden in 2014.”

Continue reading “CEO survey shows odd attitude to OHS”

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