The Safety Institute discovers the media

For many years the Safety Institute of Australia has been uncertain in its media relations. On most of the important OHS issues in the last 10 years the SIA has either been silent for the fear of being “overtly political” or been too slow to react.  Its past media releases have almost always been to promote upcoming conferences.  Finally, the SIA has made a media statement within 24 hours of an OHS issue AND it was a political issue.   Perhaps the SIA is finally showing some understanding of how to work with the media instead of being suspicious.

On 15 October 2010, The SIA issued a media release on the matter of NSW Premier Kristina Keneally’s refusal to play to the rules on harmonizing OHS laws. In a carefully worded statement, the SIA has come out on the side of the Prime Minister, Julia Gillard.   No surprise there as Keneally’s government is considered by almost everyone as a certainty to lose power in the March 2011 election.   But the SIA’s inherent conservatism is on show when it says the proposed federal law changes remove “any justification for a union’s right to prosecute.”.  The SIA has always been uncomfortable with the OHS role of unions and has had a fractious relationship with the union movement. Continue reading “The Safety Institute discovers the media”

Harmonious fragility or fragile harmony – OHS and politics in Australia

Less than 24 hours after mentioning the fragility of Australia’s OHS harmonisation process, confirmation comes from an unexpected source, Kristina Keneally, Premier of New South Wales (pictured right).  It would seem that Keneally’s decision to change her stance on OHS is more to do with a general package of industrial relations and, union-friendly, reforms, as reported in the Brisbane Times on 14 October 2010  (video available HERE). Yet she has stated that

“”We will not therefore introduce the model OHS legislation as it is currently drafted.”

The media has been quick of highlighting this new tension between State and Federal agendas.  Prime Minister Julia Gillard was asked about Keneally’s statements and responded:

“….I think the Keneally Government should honour the agreement it made. It had an extensive period of time to raise issues of concern – and indeed it did, through its Minister at the Workplace Relations Ministerial Council table. Issues were raised, issues were discussed. When you are reaching uniform laws, it is obvious that states and territories come with different perspectives. They’ve got their own laws. If no-one moves then you never get national uniformity.

So, yes, New South Wales raised issues along the way, but it accepted the outcomes and it signed the deal. We require the deal to be delivered.” Continue reading “Harmonious fragility or fragile harmony – OHS and politics in Australia”

Codes and Regulations prioritized in Australia’s harmonisation process

When the Australian Government began the process of reviewing OHS laws in order to achieve harmonisation, there was a fairly tight schedule for these reforms.  Draft OHS codes of practice and regulations were due in the second half of 2010.  The last public statement on these public comment documents was that drafts were due for release at the end of October.  The latest rumour is that some of the documents will be out around November 10.

It has been mentioned elsewhere that Safe Work Australia has missed a major public relations opportunity by not getting documents ready for release in its Safe Work Australia Week in late October, for it is guaranteed that all State OHS regulators will be badgered about the draft documents as Safe Work Australia Week events.

Codes

SafetyAtWorkBlog has learnt that many of the codes of practice and occupational health issues have been prioritized.  “Priority Codes” will include:

Australian unions are being distracted from OHS

The Australian Council of Trade Unions (ACTU) has illustrated several matters in a recent media release – the safety of migrant labourers and the unacceptable rate of fatalities in the Australian Construction industry.  Sadly these issues were mentioned in a media release protesting about the continuation of the Australian Building and Construction Commission (ABCC).

The media release was published on the eve of a new head of the ABCC and clearly wanted to piggy-back on media attention of the appointment.  The new head has been announced to be a lawyer, Leigh Johns, who has a political pedigree that should make him more palatable to the union movement.  (Johns is the author of several published legal articles including one in 1998 on “the obligation of mutual trust and confidence” and a 2002 article on “Bribery and Networking“) His appointment could be interpreted as part of the Labour Government’s plan to gently ease the ABCC into an inspectorate that is integrated within the government structure.  The trade union ideology seems to require a continued animosity to this strategy, particularly as there is no resolution yet on ABCC action against Ark Tribe. Continue reading “Australian unions are being distracted from OHS”

Pressure grows for the release of oil drilling investigation

The Australian government has indicated that it will release a report into the Montara oil spill after the general election.  However the Australian election result remains in doubt and, therefore, still no report.

The frustration over this stalling has begun to appear in the very conservative Australian newspaper, The Australian Financial Review (AFR). Once the business and financial community start complaining, a government knows something is serious.

In the AFR editorial on 1 September 2010 (not available online),

“The Borthwick report is likely to make some tough recommendations on safety procedures to prevent another spill. The inquiry heard extraordinary evidence that crucial work programs on the rig were sometimes scrawled on a whiteboard. PTTEP has a promised to review its procedures in the light of the deficiencies raised at the inquiry, but the government should look further afield. It is hard to imagine that PTTEP was a totally isolated case.” Continue reading “Pressure grows for the release of oil drilling investigation”

Now is the time for all good OHS lobbyists to come to the aid of their country

Now is the time for the OHS fraternity to lobby local politicians on the importance of workplace safety for the community and business.

Australia is facing a hung Parliament following the 21 August 2010 federal election.  OHS was mentioned early in the campaign but not since even though there were opportunities.  Industrial relations was raised in the election campaign by the Australian Labor Party but the Liberals chose not to play and its IR spokesperson, Eric Abetz, was missing in action.  But OHS law reform has been less about improving the law than about reducing the cost on business (even though the significance of this is argument is highly dubious) and this is where discussion on OHS could have occurred.

The Liberal Party is continuing to assert that “stop the waste” is a positive message as it relates to government spending.  It projects itself as the friend of business and the free-market and has reluctantly accepted the reality of OHS legislation although not the cost of effective compliance.  The Liberals could have used the OHS harmonisation process as an example of an economic reform IT began* but has been supported and progressed through the Rudd/Gillard Labor government.

Now, in a political climate where the Australian Greens and some Independents will hold the balance of power in the Senate and have the chance to form a coalition government with either party, the IR policies of smaller party miners and independents will be crucial for OHS and workplace relations.   Continue reading “Now is the time for all good OHS lobbyists to come to the aid of their country”

Confusion over bullying and sexual discrimination on display in air traffic controller media reports

The Australian media is providing considerable coverage to the legal claim by two female workers against Airservices Australia over bullying and sexual discrimination.  Airservices Australia is a government organisation that control aircraft movement over Australian airspace.

The details of the harassment mentioned in the media are quite offensive and have no place in the modern workplace.

There are a couple of OHS related issues that pertain to the legal action and the media articles.  Firstly, the media struggles to differentiate between sexual discrimination, sexual harassment and workplace bullying.  Bullying has the most direct relationship to occupational health and safety but the others generate stress in the workplace and therefore the impacts, if not the actions, fall within the OHS purview.  The Australian Financial Review (AFR) (page 7, not available online) has a headline “Flight controllers sue for sexual discrimination” yet the article reports on bullying.   Continue reading “Confusion over bullying and sexual discrimination on display in air traffic controller media reports”

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