OHS – Page 345 – SafetyAtWorkBlog

Risks of taking bullying or harassment directly to the Courts

Seeking justice through the court system is everyone’s right but sometimes court action is more newsworthy than normal and sometimes the media is used in conjunction with legal actions. Either way, any court action, particularly on personal matters such as sexual harassment or workplace bullying will be a stressful activity. The workplace safety context of a recent political scandal in Australia involving the Speaker of the House of Representatives Peter Slipper, and an employee, James Ashby, have not been discussed. A summary of, or commentary on, the Ashby/Slipper scandal can be found HERE.

The judgement by Justice Steven Rares in the December 2012 legal proceedings of Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411, provides a salient lesson for those considering taking legal action over a work-related issue, such as sexual harassment, workplace bullying or other psychosocial matter.

Ashby-Slipper and OHS

The Ashby-Slipper sexual harassment proceedings have a legitimate OHS context, reminiscent of the 2009 political scandal involving Godwin Grech. Although occupational health and safety was not overtly stated by Justice Rares it is briefly discussed in the judgement. It is useful to consider these matters in a similar context to recent issues on workplace bullying. Continue reading “Risks of taking bullying or harassment directly to the Courts”

Evidence exists of productivity benefits of OHS but no one is using it

Cover of 47workhev1 A lot of recent discussion of the impacts of workplace safety and productivity has centred on the Productivity Commission’s “Performance Benchmarking of Australian Business Regulation: Occupational Health & Safety” Report of 2010. However there was a 1995 report by the then-Industry Commission that can provide some broader context to the safety/productivity discussion. Recent evidence and research does not negate earlier reports and the safety/productivity debate should be considered over the longer time period, when there were different economic and political situations.

In 1995, the Industry Commission estimated the cost

“…to injured employees, their employers and the rest of the community of work-related injury and disease is at least $20 billion a year.” (page xiii)

(The March 2010 report stated the Australian Safety and Compensation Council

“…found the total economic cost of work-related injury and illness for the 2005-06 financial year to be $57.5 billion, representing 5.9 per cent of GDP.” Page 45)

The Industry Commission identified a ratio of costs associated with workplace injuries – 30-40-30:

“Around 30 per cent of the total cost

Continue reading “Evidence exists of productivity benefits of OHS but no one is using it”

Australia’s harmonisation program may be on life support but it’s getting stronger

In April 2012, this blog said that the harmonisation of occupational health and safety laws (OHS) in Australia was coughing up blood. On 1 January 2013, two more Australian States introduced new OHS laws based on the model Work Health and Safety Act and Regulations of the harmonisation process. (only two left, Victoria and Western Australia) As Acting Workplace Relations Minister, Kate Ellis, said in a media release yesterday:

“As of today 64 in every 100 working Australians will be covered by modern, best practice and consistent laws…”

On the national front, harmonisation has failed but from the perspective of those individual States that have introduced the WHS laws, the process has increased the influence and attention of workplace safety in their jurisdictions.

Laws do not improve worker safety by themselves. They require support and commitment from both business owners and workers. Those fierce and, often, confused critics of the WHS laws need to accept that their campaigns have failed. The maturity of those critics will now be judged by the critics’ preparedness to accept the situation and work within the new laws to improve the safety of their members and clients.

Australian businesses will not benefit from constant white-anting of the new laws, undermining safety laws for political reasons benefits no one. Continue reading “Australia’s harmonisation program may be on life support but it’s getting stronger”

Economic austerity should not be allowed to override safety priorities

iStock_000009374843XSmall In 2012 many countries have been required to pursue economic austerity measures. A national or international economy rarely has any direct effect on safety management but the current economic status has led to an increase in harsh, or strong, political decisions and some of these decisions will affect safety management and professionals. One obvious manifestation of political safety decisions is the UK Government’s decision to allow small businesses to step outside its occupational health and safety (OHS) laws in its pursuit of reducing supposed “red tape“. This strategy is attractive to other government’s, including Australia’s, but the strategy could marginalise the safety profession even further if the profession remains insular and silent.

The Institute of Occupational Safety and Health (IOSH) has been campaigning for some time on the governments decisions to change its OHS laws in its quest for greater efficiencies and reduced business costs. In the last few months, IOSH has turned its attention to the proposed changes to the Continue reading “Economic austerity should not be allowed to override safety priorities”

2012 in review – SafetyAtWorkBlog

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

19,000 people fit into the new Barclays Center to see Jay-Z perform. This blog was viewed about 150,000 times in 2012. If it were a concert at the Barclays Center, it would take about 8 sold-out performances for that many people to see it.

Click here to see the complete report.

It can take a long time to learn how to manage workplace safety

On 21 December 2012 in the South Australian Industrial Court, Amcor Packaging (Australia) was fined $A96,000 over a breach of the occupational health and safety (OHS) laws. That type of sentence appears frequently in SafetyAtWorkBlog but the difference this time is that it is the third similar OHS prosecution and fine applied to Amcor in South Australia. Amcor Packaging has had similar OHS problems in Queensland and Victoria.

According to a SafeWorkSA media release (not yet available online), the latest prosecution involved an incident in November 2010 where:

“Two workers were walking on conveyor rollers to guide an unstable stack of cardboard when one inadvertently stepped into a gap between the rollers. The female worker was then struck by the arm of an automated pallet sweeper, sustaining multiple fractures to her lower leg and ankle.”

In his judgment on the case, Industrial Magistrate Stephen Lieschke said there was no risk assessment at the plant and a lack of engineering controls. The two previous Amcor offences in South Australia also related to inadequate engineering controls.

Recurrence

Magistrate Lieschke also said that

“The two prior offences are highly relevant to this sentencing process, as the court is left with a low level of confidence that Amcor will not commit any future offences…..,”

In June 2008 law firm Holding Redlich mentioned an increase in an OHS penalty against Amcor by the Court of Appeals: Continue reading “It can take a long time to learn how to manage workplace safety”

Safety and productivity links at risk from ill-informed ridicule and media beat-up

Yesterday Australia’s Fairfax Media reported on a “policy” supposedly being applied in the Western Australia resources sector by Chevron Australia that requires workers to stand, rather than sit, for the purposes of increasing productivity. The initiative has been roundly ridiculed by various political and social commentators, including the Minister for Workplace Relations, Bill Shorten. However few have mentioned that the actions by the “policy” may be in line with recent OHS guidance issued by an Australian government safety authority, Comcare, or that the Victorian Government has granted $A600,000 for research into the use of standing workstations.

SafetyAtWorkBlog has been informed that Chevron has had no role in the production of the “leaked memo” and that this memo is likely to be notes and verbal advice provided at a low-level on a worksite and even simply as part of a regular toolbox meeting. Fairfax Media is unfairly linking two disparate issues, dragging in Chevron who is not involved with the information and potential damaging valid safety information through unjustified ridicule. Continue reading “Safety and productivity links at risk from ill-informed ridicule and media beat-up”

Category: OHS

Risks of taking bullying or harassment directly to the Courts

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Evidence exists of productivity benefits of OHS but no one is using it

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Australia’s harmonisation program may be on life support but it’s getting stronger

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Economic austerity should not be allowed to override safety priorities

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2012 in review – SafetyAtWorkBlog

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It can take a long time to learn how to manage workplace safety

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Safety and productivity links at risk from ill-informed ridicule and media beat-up

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