Inside Australian PM’s political problems is a nugget of workplace safety

Prime Minister Gillard (centre) and others at Government House Canberra in March 2012

The Australian Prime Minister, Julia Gillard, has been under intense media pressure over an issue concerning her conduct as a lawyer around 17 years ago.

It involves legal work for unions, her personal relationship at the time with a union official who has been described as “dodgy” and of most relevance to this blog, workplace safety.

Missed in all the debate is that the workplace safety issue seems to support the assertions of many in the business and industry associations that OHS is frequently used by trade unions as an excuse for action in other areas.  These other areas are usually industrial relations but in this instance OHS was used to mask a unionist’s alleged misuse of member and industry funds. Continue reading “Inside Australian PM’s political problems is a nugget of workplace safety”

UK’s approach to OHS reform is flawed by short-term political strategy

England’s Prime Minister, David Cameron, has described OHS as a “monster” in a speech to small business owners on 5 January 2012. It is important to note the PM’s comments prior to his monster reference that have not been repeated in the mainstream press. He refers to

“… a great big machine of health and safety that has built up over years.”

Cameron feels that he needs to address an OHS regulatory system and enforcement strategies that have become too complex for, particularly, small business to comply with. Part of his solution is to exempt the self-employed, in some specific sectors, from OHS laws. This is a questionable decision as it effectively establishes a two-tier safety management regime and sets a precedent for other similar sectors to lobby for an exemption from other, perceived, onerous laws.

It may be that OHS laws in the UK have become overly complicated over time but the role of the media must be considered in that it has focussed on many absurd managerial decisions that have resulted from a skewed understanding of OHS and risk. Frequently the media reports have no relation to OHS laws and all to do with an increasing litigious society and the pursuit of money through, potentially spurious, public liability insurance claims.

In the 5 January 2012 speech Cameron states that

“…the key about health and safety is not just the rules and the laws and the regulations – it is also the culture of fear many businesses have about health and safety.” (emphasis added)

Cameron explains his answer for reducing this fear of health and safety, the capping of fees that lawyers can earn from legal action against businesses on behalf of their clients, usually, employees. There is no fear of health and safety, it is a fear of litigation. Cameron is not on about OHS law reform, his concern is about “unnecessary” litigation costs. This is unlikely to be reduced by cutting the budget of the Health & Safety Executive (HSE) which must reduce services as the HSE resources have been contracting for some time. Continue reading “UK’s approach to OHS reform is flawed by short-term political strategy”

The intersection of OHS and public liability becomes more urgent

In mid-November 2010, a gymnasium in Queensland was fined A$70,000 following the death of a 19-year-old Michelle Maitland.  Ms Maitland fell and hit her head on a part of the floor that was not covered by a safety mat.  The case has been regularly reported in Queensland media since the death in June 2009 and the reports provide additional details of the fall and the hazard control measures that could be considered.

Workplace Health & Safety Queensland was unable to provide SafetyAtWorkBlog with details of the case or comment as the gymnasium has lodged an appeal against the judgement.

This tragic death is the latest illustration of a challenge that businesses and OHS regulators have faced regularly – the line between public liability and occupational health and safety law.   Businesses have applied a rule of thumb where injuries related to work activities are OHS matters but risks presented to customers or visitors who are in the workplace have been dealt with through public liability insurance.  The Maitland case shows that businesses may face an insurance payout as well as an OHS prosecution.

The significance of this demarcation will greatly increase with the introduction in Australia of new laws that redefine a “workplace” as wherever work is being undertaken.   Continue reading “The intersection of OHS and public liability becomes more urgent”

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”

Gods and Leaders – the fantasy distraction of the safety profession

For years, safety professionals have whinged about their profession and their skills not receiving the attention of Chief Executive Officers and board members.  They take some solace in the occasional missive that executives understand leadership and, by extension, safety leadership but the reality is that OHS professionals do not understand CEOs.

CEOs are Olympian Gods and OHS professionals live amongst the crowd of citizens in the valleys.  Occasionally a God will go slumming and have sex with one of us but it does not mean that they respect us or, even that they will remember our name.  If we are lucky, they may remember that we were welcoming.

CEO attitudes were discussed in the Australian Financial Review on 21 May 2010, in an article about corporate governance Continue reading “Gods and Leaders – the fantasy distraction of the safety profession”

Lord Young smashes bridges instead of building them at IOSH conference

Following the post on the 2010 British election campaign a reader pointed out that David Cameron’s reviewer of OHS, Lord Young, spoke at the 2010 conference of the Institute of Occupational Safety & Health (IOSH) in late March 2010 and ruffled some feathers.

Lord David Young described the public perception of OHS as

“at best, as an object of ridicule and, at worst, a bureaucratic nightmare”.

However according to IOSH, Lord Young identified OHS professionals as the problem instead of considering the truth of many of the media reports.   Continue reading “Lord Young smashes bridges instead of building them at IOSH conference”

Snopes can cut through the OHS bull

Chain letters were bad enough in the old days when both stamps and envelopes were licked but the internet has resurrected a lot of myths simply because it costs next to nothing to distribute the crap.  Urban myths have evolved into internet outrage and, sadly, even OHS professionals forward on this rubbish. Continue reading “Snopes can cut through the OHS bull”

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