Inspectors – Page 9 – SafetyAtWorkBlog

Good Comcare content on effects of OHS harmonisation

Australia’s Comcare was the first of the OHS regulators to provide an information session on Australia’s attempts to harmonise its OHS laws across many different jurisdictions and industry sectors. The Melbourne seminar on 7 February 2011 could have been presented better but some useful information was available.

Content – Inspectorate

The most significant OHS information to come out of the event was that Comcare is making a serious attempt to move its enforcement from the investigatory model to inspectorate. Michael Barnes acknowledged that this will be a considerable culture change for Comcare staff and, by extension, many Comcare clients. This is a major change of emphasis as illustrated by Victoria’s WorkSafe that went through this exercise over the last five years or so. This program will take many years to introduce and still more years to be accepted.

Basically the OHS “policeman” will have additional obligations to advise clients on ways to comply with OHS laws. There has always been a tension when OHS inspectors, who often know the most appropriate control measure in work situations, are bound to not advise as they would be overstepping their authority. Continue reading “Good Comcare content on effects of OHS harmonisation”

New documentary of the politics of OHS regulation in the United States

Two years ago, Rachel Maddow in the United States reported on the performance of the Occupational Safety & Health Administration (OSHA) under President George W Bush revealed by the Washington Post. Cavelight Films is in the process of completing a film, Cost of Construction, First video below) which looks at the big OSHA and political context as it relates to the safety performance on a major construction project in Las Vegas.

From the trailer above, and additional information available through the Cavelight website, the film illustrates the dubious societal value of basic capitalist approaches to workplace safety. Continue reading “New documentary of the politics of OHS regulation in the United States”

Do budget cuts equal cuts in safety enforcement?

There are several issues in the United Kingdom at the moment that could affect workplace safety, not including Lord Young’s OHS review.

Great Britain is to undergo enormous funding cuts to most of the civil service. The Health & Safety Executive (HSE) is to have its budget cut by 35% according to the Trades Union Congress (TUC).

Another issue is that a TUC survey has found:

“Almost half (49%) of safety representatives said that as far as they know, a health and safety inspector has never inspected their workplace…”

The TUC says that the same survey indicates that the threat of inspection is a major motivator to OHS improvements. In a media release on 1 November 2010 TUC General Secretary Brendan Barber said:

“Knowing that an inspector is likely to visit is one of the key drivers to changing employers’ behaviour and making the workplace safer and healthier. It is a scandal that nearly half of workplaces in the UK have never been visited by a health and safety inspector.”

And those inspectors are most likely to come from the HSE . Data from the HSE shows that the number of enforcement notices has hovered around 10,000 each year for the last decade. The number of prosecutions over that time have steadily declined.

What is really required is the number of the inspections undertaken by the HSE but this information is not included in the latest annual statistics.

If safety improvements are made in businesses due to the threat of an OHS inspection by a regulators, how does the HSE plan to keep the pressure on when it will lose over a third of its budget? Continue reading

Small business OHS seems to be stalled

OHS research into why the small business sector does not “get” safety has been occurring in Australia for over ten years with some of the most useful being undertaken by Dr Claire Mayhew. But the challenge, or problem, persists.

On 4 October 2010, WorkSafe Victoria released some information about an OHS blitz by inspectors on small businesses in Mildura, a rural town in the extreme northwest of Victoria. In some ways, the tone of the media statement is a little defeatist or, at least, exasperated.

“Although we wrote to the businesses and told them we would be visiting, we still had to pull them up on a high number of health and safety issues,” Manufacturing and Logistics Director Ross Pilkington said. “In many cases, the safety solutions were straightforward.” Continue reading “Small business OHS seems to be stalled”

What does the Ark Tribe case have to do with workplace safety?

Australian trade unions, particularly those in the construction sector, have strongly supported Ark Tribe in his battle with the Australian Building & Construction Commission (ABCC). Outside of the world of Australian construction trade union politics, the Ark Tribe issue has been difficult to understand without over-simplifying the issue.

In 2008, Ark Tribe attended a union safety meeting conducted by union organiser Justin Feehan. The meeting was unauthorised and led to Tribe being called on for an interview with the ABCC. He refused to attend and legal action has been taken which is likely to be resolved in the Australian courts today. Tribe faces six month’s jail.

Regularly the saga has been described as one concerning workplace safety. An unauthorised safety meeting may have been the initial event but the issue passed being an OHS matter very quickly to become one of industrial relations and a cause celebre against the ABCC. Continue reading “What does the Ark Tribe case have to do with workplace safety?”

Comcare at Senate Estimates – enforcement performance indicators

Comcare is often seen as a minor player in OHS regulation in Australia because, although it has national coverage, it limits its OHS and workers’ compensation activities to specific industrial and public service sectors. Although it is limited, it has a monopoly in those sectors and is powerful. Its role in Australia’s harmonisation program seems to be just another OHS regulator but it has a unique role and structure.

Recently, Comcare’s CEO, Paul O’Connor, and Deputy CEO, Steve Kibble, addressed the Australian Senate’s Education, Employment and Workplace Relations Legislation Committee in the annual Estimates hearings. Hansard reports Kibble’s comments (around page 32) on the enforcement activity of Comcare:

“Comcare has initiated 16 civil court proceedings in relation to alleged breaches of the OHS Act since 2004…..

Recent prosecutions include a matter in relation to a federal agent of the Australian Federal Police for a breach of his individual duties of care. Continue reading “Comcare at Senate Estimates – enforcement performance indicators”

OHS regulator reveals a blog about OHS fraud and crime

Spying on people can be entertaining as can be shown by the popularity of hidden camera video on tabloid news shows but there is always a whiff of unfairness and distaste about the practice.

For the last couple of months, Washington State’s Department of Labour & Industries has been running a blog written by its Fraud Prevention and Compliance Manager, Carl Hammersburg. The blog matches the remit of the regulatory authority and covers a range of industrial enforcement actions. Occasionally it has included its own video surveillance of potential workers’ compensation fraudsters.

On 28 April 2010, the blog,called “Nailed“, included video of Frankie Day who, as a resulted on the L&I investigation, was found guilty of theft and then jailed. Continue reading “OHS regulator reveals a blog about OHS fraud and crime”

Category: Inspectors

Good Comcare content on effects of OHS harmonisation

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New documentary of the politics of OHS regulation in the United States

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Do budget cuts equal cuts in safety enforcement?

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Small business OHS seems to be stalled

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What does the Ark Tribe case have to do with workplace safety?

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Comcare at Senate Estimates – enforcement performance indicators

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OHS regulator reveals a blog about OHS fraud and crime

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