media – Page 49 – SafetyAtWorkBlog

SafetyAtWorkBlog becomes a LexisNexis top blog

On 26 October 2009, SafetyAtWorkBlog was informed that it has been considered “a LexisNexis Top 25 Blogs for Workers’ Compensation and Workplace Issues – 2009, in the Best International Blogs category”.

The site coordinator of LexisNexis Workers’ Compensation Law Center, Robin Kobayashi, provided this overview of the importance of the Top 25 Blogs:

The Top 25 Blogs contain some of the best writing out there on workers’ compensation and workplace issues in general. They contain a wealth of information for the workers’ compensation community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful links to other sites.

These blogsites also show us how workplace issues interact with politics and culture. Moreover, they demonstrate how bloggers can impact the world of workers’ compensation and workplace issues.”

Specifically on SafetyAtWorkBlog, LexisNexis says

“Safety at Work Blog from Australia recognizes that workplace safety is both a business and social issue where workplace safety, human resources, industrial relations, organizational behavior, environment, quality management and social or psychological issues converge.

Safety at Work Blog seeks to break down the barriers of each discipline, providing thought-provoking blogs on a wide variety of topics from workplace safety to workers’ compensation to politics and much more.”

SafetyAtWorkBlog and all our contributors thank LexisNexis for this unexpected honour and are very proud.

We encourage all SafetyAtWorkBlog readers to look at the other top blogs that are listed HERE.

Kevin Jones

Why have a SafetyAtWorkBlog?

Some people have mentioned to me that they find blogs a mysterious thing. It’s a media that is gaining attention from mainstream media, in fact, most mainstream media have embraced blogging to supplement the “official” media content in newspapers, journals and on television. Some blogs have become an important source of news and commentary feeding into the mainstream media.

SafetyAtWorkBlog does not provide all the safety news that is happening in Australia or elsewhere. In fact nobody is. But what we can do is select those items of news that we think have a broad appeal to safety professionals.

Also, in Australia, there are only a handful of writers and journalists who specialize in writing on OHS issues and there are many events, conferences, seminars, talks, podcasts, books and other information sources that fall under the radar of mainstream media. It is in this niche that SafetyAtWorkBlog exists.

Commentary

Blogs were original a web-based log or a web diary where people can put down their thoughts of the day. But they have become so much more and the feature that is most overlooked by readers is the capacity to comment on the articles posted to a blog.

There is some resemblance to “Letters to the Editor” in traditional media where issues can be raised but, more importantly, readers can comment on the news of the day or the thoughts of columnists, and can clarify inaccurate opinions.

The ability to respond to articles is very important to SafetyAtWorkBlog because we do not know everything about our profession. OHS is a discipline that continues to evolve just as rapidly as new hazards appear. The expert who says they know everything is a fool, the smart professional learns all the time. That is one reason why people read SafetyAtWorkBlog but the blog can be so much better when readers provide their own opinions, particularly if what is said in the blog is wrong in some way.

The best example of reader comments in this blog was the response from Peter Sandman to a piece on a book by Cass Sunstein. Sandman says

“…a few comments in the review, though flattering to me, are misleading about Sunstein.”

He goes on to list the article’s shortcomings. One comment from Sandman was then disputed by another reader, Thomas Durkin.

This dialogue showed a terrific level of opinion and provides a better understanding of Sunstein and his place in US politics and government regulation than the solitary review that generated the comments.

News

SafetyAtWorkBlog is not an OHS news service, one can get that from hundreds of news aggregators (the bane of Rupert Murdoch) on the web. SafetyAtWorkBlog provides commentary and opinion on things that are happening in the OHS world. If the opinion is wrong or the logic has severe shortcomings or the content is inaccurate, blogs provide the opportunity to correct the information or to balance the opinion.

We have ALWAYS encouraged people to comment on articles we post. If we can start a debate or help clarify an OHS concept, that’s great. But if you have something to say about what we say, email it in or post a comment. Unless it is defamatory or nasty or rude, it will be included and any points made will be genuinely considered and pondered on.

Kevin Jones

Nice comparison on Directors’ complaints

In the Australian Financial Review in October 2009 there was an opinion piece (not available online) from the CEO of the Australian Institute of Company Directors (AICD), John Colvin, expressing concerns about the accountability of directors under legislation including the proposed OHS laws in Australia.

According to a report by Adam Schwab in the Crikey newsletter of 23 October 2009 (also not freely available online), Colvin wrote in the AFR:

“There are more than 660 state and territory laws which impose personal liability on individual directors for corporate misconduct. That is, a director is liable because he is a director, even when he may not have had any personal involvement in the breach…”

Schwab writes

“The AICD noted, the NSW courts have taken a hard-line enforcing the deemed liability laws. According to AICD data, between 2004 and 2008, 144 company directors were found guilty of OHS offences, of which 115 of those prosecutions occurred in NSW.”

Schwab then provides a comparison of risk that I wish I’d thought of:

“That means the proportion of directors convicted over these so-called onerous laws is 0.0068%. To compare, there is roughly a 0.04% chance of someone being struck by lightning. Therefore, based on the AICD’s own data, company directors are six times more likely to be hit by lightning than to be prosecuted. It also shouldn’t be forgotten, directors’ liabilities are almost always covered by indemnity insurance and most prosecutions result in a mere financial penalty.

While the NSW OHS laws result in occasional harsh results, to extrapolate one set of allegedly ill-advised laws across the country is much like a cry of wolf.”

This perspective will be an important one to remember when considering the submissions being lodged with Safe Work Australia on the OHS model laws by 9 November 2009. The corporate submissions particularly but also those from the OHS law firms that spruiker the exposure of company directors ruthlessly whenever OHS and accountability is discussed.

Some of us remember the “glory days” when industrial manslaughter was widely considered in some Australian States. (There is a noticeable absence of controversy of the industrial manslaughter law that is operating in the Australian Capital Territory)

Also important is the point that Schwab makes about indemnity insurance for Directors and Officers, a matter that has been discussed elsewhere in SafetyAtWorkBlog.

The amount of “get-out-jail-free” options available for directors should encourage more attention to alternative, non-financial penalties for breaches of OHS law. Over the last 24 hours the United States has been talking about replacing executive cash remunerations with stocks so that director’s incomes are reliant on the share price of the corporation which, in turn, relates to the quality of leadership from the director.

As long as Australia’s principle OHS penalties involve money, directors can buy their way out of trouble. If Australia’s Prime Minister, Kevin Rudd, can face an entire country and apologise for the bad behaviour of others, and the bad policies of other governments in relation to the interaction with indigenous peoples, why should company directors not have a similar obligation when their poor management of a workplace kills someone? If corporate executives are that keen on leadership, let’s see them apply some of the leadership that Rudd showed, and accept responsibility when they should.

Kevin Jones

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

The 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.

There 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.

I 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

Category: media

SafetyAtWorkBlog becomes a LexisNexis top blog

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