Is OHS harmonisation a dead parrot or is it just pining?

In The Australian newspaper on 3 April 2012, Judith Sloan presents a useful summary of the status of the OHS harmonisation process.  Many of her criticisms are valid but she has not realised that the new Work Health and Safety laws stopped being occupational health and safety laws some time ago.  It is easier to understand the proposed changes if one accepts that these laws have broadened beyond the workplace to operate more as public health and safety laws.

It is possible to accept Sloan’s assertion of the “demise”of OHS harmonisation but if seen in the light of an integrated public/workplace health and safety law, the harmonisation process may be a welcome beginning to a broader application of safety in public and occupational lives.

The acceptance of this interpretation provides very different comparisons and linkages.  For instance, the shopper tripping on a mat in the vegetable section of a supermarket was likely, in the past, to receive recompense through public liability insurance. Now it could equally be under OHS laws.  The regulation of potential legionella sources was through the Health Department, even though many of these are in workplaces and often affect workers first.  Should cooling towers have been assessed by hygienists or occupational hygienists?  Should these be managed under an employer’s OHS management system or through the facilities manager or landlord?
Continue reading “Is OHS harmonisation a dead parrot or is it just pining?”

Disagreement on workplace bullying strategy increases in Australia

According to The Australian newspaper on 5 January 2012 the Australian Council of Trade Unions (ACTU) is extremely critical of Safe Work Australia’s draft Code of Practice on Workplace Bullying. The ACTU has said that the draft code has a “fundamental flaw”

“… the failure to address workplace bullying in the same framework as any other workplace hazard/risk.”

This is a significant challenge but without access to the ACTU submission on the draft code it is difficult to determine the exact context of this fundamental flaw.

Of more concern is the apparent move by the ACTU, according to The Australian, to have single instances of inappropriate behavior covered by the workplace bullying code. This is contrary to the bullying concept that only repeated instances of abuse should be considered bullying.

Regardless of this challenge to established definitions, it is very hard to see how such a situation could be enforced by either OHS representatives or OHS regulators. The regulators have struggled for years with the existing definition and could have no effective role in workplaces if the unions’ wishes were successful. Continue reading “Disagreement on workplace bullying strategy increases in Australia”

Workplace bullying statistics remain muddy

A recent article on workplace bullying by the CEO of Diversity Council Australia, Nareen Young, is a good introduction to the issue but, as with many other articles on the issue, the content requires careful consideration.

One statistical resource used on workplace bullying articles is the very important and influential March 2010 Productivity Commission (PC) report – Performance Benchmarking of Australian Business Regulation: Occupational Health & Safety.  Predominantly, this report lumps together “harassment”, “occupational violence”, and “fatigue” with “workplace bullying” under the term “psychosocial hazards”.  This means it is impossible to extrapolate data from any specific workplace issue in this category, however the PC report does devote some sections of Chapter 11 specifically to bullying, but even then the statistics are tricky.

Young’s article states that

“Estimates of its [bullying’s] prevalence in the workplace vary, but one study outlined in the Productivity Continue reading “Workplace bullying statistics remain muddy”

Fatigue management is getting clearer but is competing for attention

As a discipline for study, fatigue still seems to be in its early days and this presents a challenge for safety professionals and researchers.  Everyone knows what fatigue is because at some time we all suffer it, but try to define it and it is different things to different people.

Transport Safety Victoria (TSV), a division of the Department of Transport, brought together three speakers on the issue of fatigue management in early August 2011.  The public seminar provided a good indication of the complexity of the occupational issue of fatigue management.

The first revelation in the seminar came from Dr Paula Mitchell who stressed that fatigue cannot be self-assessed.  Researchers are struggling to create a widely accepted indicator for fatigue.  There is no blood alcohol reading device for fatigue and the Independent Transport Safety Regulator in July 2010 expressed caution on the application of the bio-mathematical fatigue model. Continue reading “Fatigue management is getting clearer but is competing for attention”

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management.  Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance  is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation.  Looking at the industry sector rather than the hazard or risk limits the hazard control options.  In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

Raising awareness about stress instead of controlling it

In March 2011, in response to one of the several Stress Awareness Days, HRLeader magazine ran an edited version of a Personnel Today article called “5 steps to tackle employee stress”.  The Personnel Today had “6 steps”, so are Australian readers being ripped off?

Personnel Today included a step called “Refer the Health and Safety Executive’s management standards”.  HRLeader’s editor must have made the call that HSE information is geographically specific and therefore not relevant to Australia but the change is more indicative of the fact that Australia does not have anything to match the HSE management standards to help control stress.  According to the HSE website:

“….the six Management Standards cover the primary sources of stress at work. These are:

You can lead a stressed horse to water……

England’s Trades Union Congress (TUC) released results of a survey of union representatives on 24 February 2011 that shows that workplace stress is

“now by far the most common health and safety problem at work.”

Even taking into consideration the inherent bias of such union surveys of reps, the figures are significant.  The 24 February 2011 media release states:

“Nearly two thirds (62%) of reps say that stress is in the top five problems faced by the workers they represent and more than a quarter of reps (27%) pick out stress as the hazard at work that most concerns them.  Another recent report from the British Academy states that the global economic downturn is to blame for the soaring stress levels due to the sharp rise in job strain and job-insecurity; both determinants of work-related stress. In the last 2 years, work stress levels rose by more than 4%, compared to the previous rises of 0.1% from 1992 to 2009.” [link added]

So what can be done to reverse this trend?

If the global economic downturn has generated increased stress levels, OHS practitioners and activists need to look at the big picture and begin pushing for better economic health – an action that, outside of the union movement, hardly ever gets a mention.

If OHS principles are based around the need to eliminate hazards then OHS professionals should be strong advocates of sustainable development where the mental health of workers needs as much support for sustainability as the environment receives, if not more. Continue reading “You can lead a stressed horse to water……”

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