Business commentator is concerned over OHS and IR overlap

Respected business commentator, Robert Gottliebsen, has commented on the political and ideological challenge that Julia Gillard, Australia’s Minister for Workplace Relations, faces over the introduction of OHS model legislation.

Gottliebsen says there is a risk that the combative OHS structures in New South Wales could spread to the national context and that resisting this movement, funded and promoted by the trade unions, will be a substantial test for the Minister. In his Business Spectator article he says

“To make it tougher for Gillard, the draft [legislation] has clauses that will give unions around Australia NSW-style prosecution powers and clauses that water down training requirements.  This will mix IR issues and safety and may well increase the injury rate.”

There is a persistent debate about the IR context of OHS and vice versa, which is the tail and which is the dog.  Gottliebsen clearly sees the NSW experience as illustrating IR having too much influence over OHS management.  (For those readers outside Australia, NSW is seen widely as a failure economically and politically)

“The sad thing is that once occupational healthy and safety becomes merely a tool of industrial relations, it is politicised and linked to wage claims and is not taken seriously.  More workers go home injured or worse.  So not only do we need English-style law, but we need law that isolates safety from industrial relations skirmishes.”

This is reminiscent of the days when industrial employment awards provided allowances for dangerous or unhealthy tasks, what was universally considered “danger money”.

Robert Gottliebsen is no fool and the significance of his article is the fact that the issue was covered by a finance and business commentator at all.  It indicates the significance of what the Federal Government is proposing, politically, industrially and socially.  the foundations of OHS legislation have remained basically the same since Lord Robens’ recommendations in England in the 1970’s.  Australia has had OHS legislation since the early 1980’s.  The new model OHS legislation should similarly be seen in such longevity and broad impact.

OHS may be a niche consideration for most people but how the government handles the negotiations leading to this law’s implementation will be a good indication of their political nous and their commitment to Australians.

Kevin Jones

Union opposition to Australia’s OHS laws – new radio campaign

On 14 September 2009, the Australian Council of Trade Unions (ACTU) released a series of radio advertisements that call on the government to not reduce the occupational health and safety conditions of Australian workers.

An article about the ads with interviews with the major political players is available on ABC Radio for a short time.

Conflict

There are several issues raised by the ads and the interviews.  Jeff Lawrence of the ACTU says that the new harmonised OHS laws will reduce conditions across Australia.  For “across Australia” read “New South Wales”.  The proposed OHS laws will create the most change for unions in New South Wales.  This state had the most extreme duty of care in any State and always had the most to give up.  This was always going to be the point of conflict.

Consultation

The ads can also be seen as an admission that the in-house tripartite negotiations are not going the way the union movement wanted.  The Australian Government has persisted with the tripartite consultative structure for OHS.  Each party – government, unions and employers – are supposed to have an equal(ish) say in changes to the OHS law.  The new radio ads, and the recent street protests, could indicate that the unions are not being listened to to the extent they wanted.

It could be that the union movement want to add colour and movement to the negotiations but it is an expensive method and one that does not have the same traction as their Your Rights At Work campaign that contributed to the fall of the conservative governemtn of John Howard, regardless of what the advertising sellers say.

The government of Prime Minister Rudd was always seen as sympathetic to big business.  This is a legacy of the consensus politics of the Hawke/Keating period.  The traditional voter base for the Labor Party has been eroding for years and the only way it has been able to retain or regain government over the last 25 years has been to broaden its appeal to the middle classes.

A great example of this was the fall of the government of Jeff Kennett in Victoria.  The Labor Party began wooing the rural conservatives, a sector that Kennett had almost dismissed (except for the occasional search for the best vanilla slice).  This action undercut the Liberal Party and National Party heartlands.

The ACTU is also trying to talk with the heartlands of workers but it needs to assuage concerns about the industrial relations changes.  The community is fearful that the unions are asking for too much.  The Government is aware of this and that is why the mantra of the Prime Minister and Industrial Relations Minister, Julia Gillard, is all about “restoring the balance”.

Reporting

The radio report this morning also indicates a deficiency in the Australian media.  There are no reporters in the mainstream media who specialise in OHS.  That’s understandable as OHS is often a niche area, a subset of industrial relations.  But this also means that OHS is always considered in terms of industrial relations because this is the information base from which reporters and journalists draw.

This is noone’s fault, in particular, but as you listen to the radio podcast, the IR “tone” is always there, both in the journalists and the subjects interviewed.

Perhaps the media sees no value in OHS without the IR perspective.  Perhaps it is because today’s report was always going to be about industrial relations with an OHS twist.  If this is the case, where are the OHS advocates who can comment without industrial relations baggage?  Where are the humanists, the realists, where is the OHS voice?

Kevin Jones

New safety campaign – making the invisible visible

hi res moving cement vwaThe last week of October each year is Safe Work Australia Week.  This theme is enacted in each State with their own resources and events.  WorkSafe Victoria is one of the more active of the state regulators and 2009 seems no different.

On 13 September 2009, WorkSafe Victoria will launch a new campaign of graphic advertisements but what makes these different is the injuries result from “simple” work activities.  They are not in high-risk industries where workers may perform high-risk tasks.  These ads concern the (mis)use of an office chair, lifting a bag from a pallet, not using the stairs, slipping on a wet floor and lifting a person.

hi res office chair vwaThere has always been the challenge of how to generate interest in manual handling injuries as they are internal or invisible, and cumulative.  WorkSafe has done well by illustrating the physical consequences of what many dismiss as “taking a fall”.  In fact, the images that are less confronting than the noise of the bones breaking or the hernia appearing.

WorkSafe’s Executive Director, John Merritt, describes the campaign this way

“There’s no ‘blood on the floor’ or spectacular images on the nightly TV news or in the morning paper, yet the consequences of these injuries are enormous for individuals, their loved ones and their employers.

“For business, the average cost of treating these people through Victoria’s workers compensation system averages $45,000 per claim.

“Individuals lose quality of life and many, the capacity to work for at least a short period, some require surgery or have permanent pain and never fully recover.

“For employers productivity is cut, there may be staff replacement costs, retraining and safety improvements to be made after the event. Industries lose people permanently.

“Identifying and preventing these issues has benefits for all.”

Merritt also provides the statistic that  60% of all reported workplace injuries* – more than 17,000 a year in Victoria – involve manual handling.

The new campaign is graphic but it is hard to see how the total costs – social, personal and business – could have been described better.  Having a worker clutch their lower back and grimace with pain has been seen in campaigns and images repeatedly for decades and a new approach was needed.  Making the invisible visible should help.

Kevin Jones

* Based on Victorian Workers compensation claims where people are off work 10 days or more and / or medical treatment costs in excess of $520.

SafetyAtWorkBlog gets praise for independence

Today, the Australian Chamber of Commerce and Industry (ACCI) released a four-page document criticising the campaigning techniques and statistical foundation of the Australian Council of Trade Unions (ACTU).  Nothing unique in that ideological battle, however, what grabbed our attention was that SafetyAtWorkBlog is mentioned specifically.

ACCIBriefing_8Sep2009 coverI contacted the ACCI this morning and thanked them for reading the blog and for describing SafetyAtWorkBlog as a “respected website”.  We’ll accept praise from anyone as our major indicator of success mainly comes from the steady increase in our readership statistics.

The ACCI makes considerable mileage out of a SafetyAtWorkBlog article that discusses the survey results that the ACTU released in support of some of its campaigning for further changes in the national OHS laws that are currently being drafted.

Several comments are useful in relation to the ACCI paper

SafetyAtWorkBlog obtained the survey results by requesting them through the ACTU and being provided them by Essential Media.  We have a policy on any media releases that quote statistics.  If the statistics are not readily available, or at least the relevant OHS parts of survey results, we do not usually report on the issues raised or we make a point of stating that the statistical assertions are not able to be verified.

The ACCI paper echoes many of the points raised in the blog article.  Our main point was to question the wisdom of using statistics as support for a campaign when the statistics do not, necessarily, support the  campaign objectives, or, in the least, may provide alternative interpretations.

The Essential Media report provided to SafetyAtWorkBlog could have been more detailed and the ACCI certainly wants more than we have seen.  Releasing such a paper criticising the ACTU for not sharing research data puts the ACCI in a position now where it cannot deny the public release of its research data, at least, on matters relevant to OHS.  The questions from ACCI have set a precedent for openness and information sharing.

Whether marching in the streets in support of an OHS campaign is effective, or warranted, or not is almost a moot point.  Many of the televisions stations covered the union marches in Australia earlier this week.  The 7.30 Report felt there was enough of a profile raised by the union campaign that it followed up many of the concerns raised with a long article in its show on 8 September 2009.  The media exposure has been able to further raise the profile of OHS as a contentious issue that is being acted upon by government.  It should raise the “seven out of ten” OHS awareness factor, quoted by the ACCI, a few points at least.

Given the criticism of the ACTU, one could genuinely ask, how the ACCI is increasing awareness of OHS matters in the community as well as its membership?  It is not expected out in the streets but the occasional media release or four-page rebuttal does not have the same affect as a march of hundreds of people on the television.

In all of this to-ing and fro-ing, SafetyAtWorkBlog takes pride in its independence and as a forum for expressing views on a social and industrial issue that has only ever before been discussed by political ideologues from fixed perspectives.

Perhaps safety professionals could apply the wisdom of Oscar Wilde to safety

“The only thing worse than being talked about is not being talked about.”

It seems to me that OHS has not been talked about for far too long.

Kevin Jones

Safety industry jargon

Every industry has jargon.  A common language and common terms can build companionship and solidarity.  But when used outside a “discipline” it reduces the effectiveness of communication.  The mis-application of jargon can generate confusion and is, in many areas, being purposely used to hide meanings.  Sadly in the safety profession, jargon is used to mask the inadequacies of professionals in many circumstances.

Below is an example of the (lack of) communication that recently did the rounds in Australia:

“…. partnership to assist in facilitating a more holistic approach to our (OHS) profession along the lines of more clear, established and disciplined paths and requirements to progress those paths.”

I would suggest this would translate as “someone has given us money so that we can do things”.

A very good blog article on current “business-speak” is available online.

Please send in your examples of safety-related nonsense that you may have found in mission statements, annual reports or other documents.

Kevin Jones

Share Solutions for the 21st century

SafetyAtWorkBlog has received several enquiries around the Share Solutions mentioned in an August 5, 2009 blog posting.  Coincidentally overnight WorkSafe Victoria released one of its “Health and Safety Solutions” dealing with falls through cellar trapdoors in the hospitality industry.

HSS0076-Hospitality-Preventing-1167006770801531700000000000000000000000000000000000000000000000000000000000000000000000000000.000000allsthrough ellartrapdoors_Page_148135104HSS0076-Hospitality-Preventing-1167006770801532000000000000000000000000000000000000000000000000000000000000000000000000000000.000000allsthrough ellartrapdoors_Page_148135104

For those of the “Youtube generation” the video below shows the risks of not controlling the hazard of an open cellar door.

Information distribution

This latest is a good example of how good old ideas can be updated, but it would still be good to see such solutions “harmonised” through a national process and disseminated more widely that relying on business finding these items on the website.

It is understood that WorkSafe believes that the OHS professionals are an important medium for this type of information, and this mention in SafetyAWorkBlog perhaps illustrates that strategy.  Looking at the websites of some of the OHS associations in Australia, none seem to be lining through to new WorkSafe content or reproducing the content on their own sites for their members.  The commercial sites are doing the work for regulators and the associations and funding their activities through advertising.

This certainly makes a low cost distribution model for WorkSafe but one that is short-sighted and of questionable sustainability.

Kevin Jones

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