OHS lawyers see opportunities in harmonisation of laws

The current edition of Lawyers Weekly includes some thoughts from Australian lawyers on the impact of the harmonisation of Australia’s OHS laws. 

Michael Tooma of Norton Rose believes that the new positive duty of officers has sparked interest in improving corporate governance.

Graeme Smith of Freehills has seen an improved recognition of lawyers’ roles in developing commercial contracts.  He also sees OHS as being better accepted as an element of risk management.  According to the article entitled “OHS shrugs off the GFC”, Smith believes

“…national harmonisation will raise the profile of OHS, and in the long-term, OHS will find itself established as a discrete but integral aspect of corporate governance, compliance and risk management…”

He sees this as a golden opportunity for lawyers.   OHS law seems now to be dependent on lawyers where, before, it used to be a law that workers, managers and the layperson could read, understand and implement.  Safety professionals need to use legal experts when required but should have the confidence to manage safety through the harmonised framework first.  Crucial to whether the lawyers dominate will be the quality of guidance provided by OHS regulators and the authority of the voices of the OHS profession.

Kevin Jones

Safety Cartoon

Ian Watson is an Australian safety professional who also draws cartoons.  His warped perspective on workplace safety is refreshing and his cartooning style is plain, almost “naive”.

He produces cartoons under the moniker of Unsafe! and one of his cartoons is below.

Kevin Jones

How many safety awards are too many?

On 23 March 2010, SafetyAtWorkBlog questioned the need for so many government-sanctioned OHS awards and noted that there is little overlap between wellness awards and safety awards.

On 26 March 2010, Australia’s Safety Rehabilitiation and Compensation Commission (SRCC) announced a new category in its OHS awards that will

“recognise organisations that promote health and wellbeing in the workplace–long before employees are affected by injury.”

The SRCC is the organisation that looks after the OHS of

“the federal public service, the Australian Defence Force and national companies in the Comcare scheme.”

With the addition of this new category, the SRCC finally has awards that represent the continuum of worker health and safety from prevention to incident to rehabilitation or compensation.   Continue reading “How many safety awards are too many?”

New OHS advice on quad bikes

On 22 March 2010, Workplace Health & Safety Queensland released new guidance on the use 0f quad bikes.

There is no radical solution to quad bike deaths but there are some variations to existing advice which should be noted.

The most obvious is that “quad bike” is used through instead of ATV (all-terrain vehicle).  This may annoy manufacturers but is very sensible given that the risks listed with using quad bikes specifically says that

“Quad bikes are designed for particular purposes and within particular operating conditions. Using them outside these parameters can significantly increase the risk of severe injury or death.” Continue reading “New OHS advice on quad bikes”

OHS exhibitions in Australia

Australia seems to have more OHS conference now than ever before.  The growth in annual conferences seems odd in a country with such a small comparative population but perhaps because the population is spread so much and there is such a strong resource sector, perhaps it is understandable.

SafetyAtWorkBlog put some questions about the phenomenon to Marie Kinsella, the Managing Director of Australian Exhibitions & Conferences, a major provider of these conferences and trade exhibitions in Australia.  Some of her responses are below.

Has the recent global finance crisis made it more difficult for AEC to attract stallholders?

“The shows’ exhibitors have not been immune from the GFC, particularly those with international head offices, Continue reading “OHS exhibitions in Australia”

Unprecedented interest in workplace bullying

On 25 March 2010, at the first of ten workplace bullying information seminars, WorkSafe Victoria, claimed to have a world-class approach to combating workplace bullying.  The Europeans may dispute the claim but there is no doubt that WorkSafe is on the right path in responding to the unprecedented community interest in the issue.

In a packed hall in the City of Melbourne, Trevor Martin, WorkSafe’s Strategic Programs Director, acknowledged the considerable media interest in the hazard over the last few years, and particularly since the prosecution of four men in associated with bullying at Cafe Vamp.  Martin said that WorkSafe’s advisory help line has been receiving more that 40 calls per day on bullying and harassment issues and that

“In February [2010] 560 calls were received …… 10%, 56 cases made it through to the dedicated unit for further work to be done.  That is an astonishing number of calls to WorkSafe on a single issue.” Continue reading “Unprecedented interest in workplace bullying”

Government can do much better on level crossing safety

The Victorian Government is likely to say the Auditor-General’s report into “Management of Safety Risks at Level Crossings“, released on 24 March 2010, supports the government’s initiatives.  This is true but the report says much more than just describing the State Government’s efforts as “satisfactory”.  (If my child’s report card said satisfactory, I would be talking to the teacher about why the performance was only “satisfactory”)

The report summary says the following:

“The rate of progress in improving safety and reducing accidents has been satisfactory.  There are, however, elements of the risk management framework and its application that can be improved.”
These elements are specified as
  • “improving how the committee is informed of the views of the rail managers, who run train services and maintain the infrastructure, about their risks and priorities
  • assembling information that will allow the committee to effectively manage and monitor the delivery of the Towards Zero strategy
  • improving the understanding of what causes level crossing collisions.” [link added]

Clearly the Parliamentary committee is not getting the full risk story from the rail managers. Continue reading “Government can do much better on level crossing safety”

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