Many OHS professionals however come from academic, or office or technical backgrounds, who have mostly experienced industrial relations as barriers to the sensible safety control measures they recommend. Frequently union and employee stances don’t make OHS sense but they make perfectly sound IR sense. It is this dichotomy that is behind those safety professionals and employers who accuse unions of “using” OHS to further industrial relations ends.
Many OHS professionals however come from academic, or office or technical backgrounds, who have mostly experienced industrial relations as barriers to the sensible safety control measures they recommend. Frequently union and employee stances don’t make OHS sense but they make perfectly sound IR sense. It is this dichotomy that is behind those safety professionals and employers who accuse unions of “using” OHS to further industrial relations ends.
This last week, the New Strait Times reported on an initiative by the Malaysian government to increase companies’ responsibility for workplace safety by making “professionals” “responsible for accidents in the workplace”.
It may be a terminological argument about whether safety professionals or risk managers or company directors are to be held personally responsible for safety infringements and incidents
This last week, the New Strait Times reported on an initiative by the Malaysian government to increase companies’ responsibility for workplace safety by making “professionals” “responsible for accidents in the workplace”.
It may be a terminological argument about whether safety professionals or risk managers or company directors are to be held personally responsible for safety infringements and incidents – a discussion that is echoed in many jurisdictions around the world. It is likely to result in some reassessment of management responsibility in Malaysian companies. I would also speculate that the applications for OHS manager jobs may decline in Malaysia.
The article quotes the Human Resources Minister Datuk Dr S. Subramaniam as saying “If a crane accident occurs at a construction site, we want the engineers involved in ensuring the crane’s safety to be answerable.”
The initiative is clearly one that is directly related to the limited resources available to a safety regulator when every business is a workplace. Again this is a problem shared by regulators worldwide.
What is interesting is that this position has not (yet) evolved into one of corporate killing or industrial manslaughter legislation or corporate accountability, as it has elsewhere. Always the case by employer groups is that such a level of accountability would deter businesses from entering activities which would present an unacceptable level of risk, thereby harming economic growth. I suspect that the level of economic growth in Malaysia and the Asian region is likely to keep the debate going for quite some time without any resolution.
Note: a short video of Datuk Dr S. Subramaniam speaking at the April 2008 conference is available HERE at the 2.43 minute mark
Victoria has experienced several more level crossing incidents in late-March 2008. The significance of one of the recent incidents is that a vehicle driver survived, as happened with the Kerang incident which resulted in multiple fatalities. Curiously, the most recent survival also involved a vehicle colliding with the side of a train already on the railway crossing.
In this case there were no fatalities as the train was freight. But the driver’s comments are interesting. 59-year-old Laurie Heffernan was reported by AAP as admitting using the crossing, 1.5 kilometres from his residence, over 30,000 times and has recommended that freight trains have reflective strips on the sides and that engines should have flashing lights. The incident occurred on a misty morning at 7am.
On radio interviews, Heffernan has also blamed the layout of the road and rail crossing and the proximity of sheds that obscure part of the view of the crossing. This seems a peculiar excuse for someone who must use the crossing on a daily basis.
Yes, Heffernan was travelling slower than the speed limit. Yes, the collision was a glancing blow, but the collision still bounced him “back a bit and it spun me”. He says “If I’d have been travelling faster I probably would’ve gone under it… I would’ve done a lot worse, I mightn’t be talking with you right now.”
His responses, sadly, support the Victorian government’s push for increased driver awareness of level crossings.
The crossing, at Terang, has no flashing lights or boom gates but has recently had rumble strips installed. There was no indication whether Mr Heffernan noticed the rumble strips but he stated they are “useless”.
I have great respect for Victoria’s Transport Minister, Lynne Kosky, having met her before she became a parliamentarian, but her comments after this most recent incident are alarming and ill-advised
Her government established a parliamentary inquiry into level crossings as a result of an increase in incidents and fatalities. That inquiry has received many submissions and has had its timeline expanded to October 2008. The inquiry is not a court case so is not sub-judice but the Minister has knee-capped the inquiry by stating that various safety control measures are not needed or cannot be afforded for rural crossings. Her comments could make some of the legitimate findings of the inquiry look stupid. The inquiry cannot now recommend boom gates on every rail crossing. It is highly unlikely that grade separations could ever be seriously recommended.
How such an intelligent parliamentarian could place such limitations on the inquiry, or her advisers let her say such things, is very surprising. In this circumstance politician-speak of “let’s wait and hear what the rail safety experts in the parliamentary inquiry will say when they report to Parliament in October” would have been appropriate.
Kosky is forever going to have to explain to the families of victims of rail incidents why one particular rail crossing had less control measures than another crossing down the track. If she had applied the political nous that I know she has, she would have increased the validity of the parliamentary inquiry that her own Labor Government established.
As it is she has shown that it is not only America that has politicians who resemble Tonya Harding.
I have undertaken work for companies that promote wellness and good health in workplaces. The companies provide health assessments for various conditions, health advice, fitness services and assessments, and a redesigned staff canteen for healthier food. All of these initiatives are worthwhile but have not been embraced by the wider workplace safety sector.
There is a minor professional debate developing amongst Australian safety practitioners on whether occupational health and safety should sit under a government’s industrial relations portfolio or health. In Australia it is in industrial relations, the US has it under the Centre for Disease Control and NIOSH, the UK has OHS more under IR than elsewhere but it has at least expanded OHS to include biological hazards.
There is a minor professional debate developing amongst Australian safety practitioners on whether occupational health and safety should sit under a government’s industrial relations portfolio or health. In Australia it is in industrial relations, the US has it under the Centre for Disease Control and NIOSH, the UK has OHS more under IR than elsewhere but it has at least expanded OHS to include biological hazards.
It is refreshing to have a debate occurring over an arrangement or concept that has existed for over 40 years. Traditional ways of doing everything regularly need to be challenged or questioned in order to achieve improvement. But I am not sure about one OHS academic’s call to swap government departments, particularly as a State health department is being investigated over the deaths of five residents in an aged care facility from food poisoning. I don’t see what could be gained by the switch except that real injury data could be collected and that a scientific rigour be applied to OHS research. I am not convinced that this is enough reason to swap.
The state of health research funding and resources is better than under industrial relations but only just, and OHS would then be competing in a more cluttered field of researchers. Much of the suggestion in the press and in talking with colleagues hints at a strategic retreat. Sometimes I perceive a professional fatigue with the slow pace of change. Part of the reason is that until late in 2007 Australia had the same Prime Minister, John Howard, and political philosophy for over 12 years, far too long for any political reign in my opinion. And the government has not been interested in occupational health and safety one bit. No initiatives of the Howard government have improved workplace safety and, indeed, I would say that the industrial relations initiatives (revolution) have severely weakened the OHS consultative frameworks in companies, and the prominence of OHS (such as it was) that existed in the community.
The government argues that injury rates are decreasing and they are, but the way of measuring such statistics has been flawed for decades. It was the unwillingness to do anything about this point that generated some of the calls to switch OHS jurisdictions. The switch suggestion is, I think, an acknowledgement that the safety professionals and practitioners are not prepared to use political means to achieve the aim of an accurate picture of the state of OHS in Australia and of establishing a mechanism for improvement. There are no OHS lobbyists. The difficult industrial relations fights of the unions have removed any OHS context from their agenda. Safety professionals are afraid of making political statements, regardless how sound they may be.
Yes there is very little funding of research in Australia on OHS matters but that does not mean you move to a different arena. Generate research funding independently. Shame the government into action through comparisons with other countries. Campaign on how government neglect is exposing Australians to unnecessary injuries and deaths. Lobby the ministers, meet them for coffee, bump into them on the golf course. Show the government how investment in OHS can increase the productivity of the workers in the same way we advise our clients. If we tell our customers that investing in safety will reduce insurance costs, can’t we make the same case in relation to social security costs and workplace safety?
The worst thing that can be done is to attempt to start again somewhere else and although not a lot has happened in the past, it is in industrial relations where OHS has its strongest presence, its strongest links and its strongest moral heritage. OHS professionals and practitioners need to think outside the square not move outside it.
Originally posted on 8 January 2008
On February 5 2008, a nurse was raped in her residence on Mabuiag Island in the Torres Straits islands group north of Australia. She was the only health officer on the island and had been posted there only a few moths earlier. A 22-year-old man has been arrested and charged with burglary and rape.
The Queensland Nurses Union has called for an urgent increase in the safety and security of remote area nurses.
On February 5 2008, a nurse was raped in her residence on Mabuiag Island in the Torres Straits islands group north of Australia. She was the only health officer on the island and had been posted there only a few moths earlier. A 22-year-old man has been arrested and charged with burglary and rape.
The Queensland Nurses Union has called for an urgent increase in the safety and security of remote area nurses.
The State Government has instigated a Parliamentary Inquiry into level crossing incidents. Submissions have been received and the final report is expected at the end of 2008. For the next couple of SafetyAtWork blogs I am going to look at some of the submissions from an OHS perspective and in terms of grade separations, the most effective control measure for level crossings.
The State Government has instigated a Parliamentary Inquiry into level crossing incidents. Submissions have been received and the final report is expected at the end of 2008. For the next couple of SafetyAtWork blogs I am going to look at some of the submissions from an OHS perspective and in terms of grade separations, the most effective control measure for level crossings.