The Australian Government targets former PM, Kevin Rudd, over insulation deaths

The investigation into workplace deaths associated with Australia’s Home Insulation Program (HIP) was refreshed yesterday with the publication of some of the terms of reference for a new Government inquiry into the program.  The HIP deaths is an enormously politically charged issue in Australia and the politics, and associated media attention, could derail an inquiry that has the potential to provide important occupational health and safety, risk management and governance issues.

Greg Hunt, Environment Minister is quoted as saying that

“The Government is committed to a full inquiry into Kevin Rudd’s home insulation scheme that was linked to the tragic loss of four young lives,….”

According to the Courier-Mail newspaper on 27 October 2013 there will be ten elements in the terms of reference but only four are mentioned:

  • The process and basis of government decisions while establishing the program, including risk assessment and risk management;
  • Whether the death of the four men could have been avoided;
  • What if any advice or undertakings given by the government to the industry were inaccurate or deficient, and;
  • What steps the government should have taken to avoid the tragedies.

These four seem reasonable aims but this information has been leaked, the full terms of reference have not been released and a person to head the inquiry is yet to be announced.

iStock_000010997810 safety tape Medium crop Continue reading “The Australian Government targets former PM, Kevin Rudd, over insulation deaths”

Coronial findings into level crossing fatalities released

Today the Victorian Coroner has released the findings into the 2007 Kerang rail disaster and other level crossing fatalities.  SafetyAtWorkBlog has written about issues related to level crossings those articles may help when reading the many media articles that the inquest findings will generate.

Already family members of the Kerang victims have expressed their dissatisfaction with the findings. Continue reading “Coronial findings into level crossing fatalities released”

No code of practice for workplace bullying but hope remains

Ha01-037As the 1 January 2014 implementation date for new workplace bullying processes approaches there is an increasing amount of legal, HR, and safety seminars, and newsletters and alerts being produced.  Most reiterate the amendments to Australia’s Fair Work Act but occasionally there is additional information.

In a recent seminar, it was suggested that the draft Code of Practice for the Prevention and Management of Workplace Bullying, developed by Safe Work Australia, is to be released as a guidance note rather than a Code of Practice (see below).  Continue reading “No code of practice for workplace bullying but hope remains”

OHS as an industrial relations tool

Recently Queensland’s Attorney-General Jarrod Bleijie has been asserting that a review of union right-of-entry provisions is needed because unions have been using occupational health and safety (OHS) issues as an excuse for industrial relations (IR) action.  Such assertions have been made for decades in Australia to the extent they have become fact.  Below is an article looking at one of the sources of the Attorney-General’s assertions.

In a media statement dated 5 October 2013, Bleijie stated:

“For too long, we have seen construction unions using safety as an industrial weapon in this State… Quite frankly, their abuses of the current right of entry provisions are designed to bully contractors until they get their way. Sites are being hijacked and workers held to ransom.

“I have personally heard of stories from hard working Queenslanders who have been locked out of their workplace because of militant union activity.

“Earlier this year, a major contractor lost 42 days of work due to illegal strike activity in the first year of their enterprise agreement. This practice will end.”

Some of this statement was quoted in a Sunday Mail article on 6 October 2013 following the minister’s speech at an awards ceremony with the Master Builders. Like most political media statements there is a large amount of hyperbole but this article’s focus will be on the OHS elements of the statement.  Continue reading “OHS as an industrial relations tool”

New quadbike safety research in a time of political change

In the next edition of the Medical Journal of Australia (MJA), Dr Tony Lower, Director of Australian Centre for Agricultural Health and Safety and Monash University researchers ( Angela J Clapperton and Emily L Herde) will be providing more evidence about the death and injury rate associated with the use of All-Terrain Vehicles (ATV) and quadbikes. A unique feature of this study is that “it is the first Australian study quantifying injuries from three different data sources.”

This research is timely as only last week a Tasmanian court case was occurring over a quad bike incident on a dairy farm. According to a newspaper report on the case:

“Defence counsel Glynn Williams told magistrate Michael Brett that quad bikes were inherently unsafe and unstable…. [and]

“There is ongoing carnage on farms and while the government can legislate to make stronger and stronger dog laws there is no willingness to legislate for stronger quad bike laws”

According to a media statement on the MJA paper due for release on 16 September 2013, Lower says:

“As the data indicates not only are there increasing numbers of quad cases, they are also more serious than other similar injuries. Further, because of their threat to life, they will frequently require higher levels of medical treatment and longer recovery periods for the victims.”

“The impact of deaths and serious injuries from quad bikes is significant and I am sure everyone would like to see a decrease in these incidents.”

Continue reading “New quadbike safety research in a time of political change”

New political challenges for OHS in Australia

This weekend the Australian people voted for the conservative Liberal Party to be the next Federal government.   Workplace safety has been largely absent from the pre-election campaign but when it has been mentioned it has almost always been couched in terms of productivity.  In the next few years, workplace safety issues must be couched in terms of productivity to have any hope of gaining the ear of the new government and, particularly, the ear of Senator Eric Abetz, the most likely candidate for the ministry of workplace relations.

Workplace Bullying

Recent changes to workplace bullying laws which provide a prominent role of the Fair Work Commission are unlikely to be rolled back but Abetz has promised Continue reading “New political challenges for OHS in Australia”

MP wants to close a dodgy loophole but vision is what’s needed

One of the most discussed posts on this blog concerned an insurance company that paid the fines awarded against a company director. The company director had been found guilty of OHS breaches that led to the death of a worker. Yesterday, South Australia’s Deputy Premier and Minister for Industrial Relations. John Rau, said that he will be taking action to close the loophole that allows for this situation. But this is unlikely to succeed and may be a distraction from the more significant issue of new penalties for deterrence.

In a media release, not yet available online, Rau states that

“Insurance should not be the preference over safe equipment and safe workplace standards….

Whilst most employers do the right thing, this dodge effectively means that the incentive for a company to provide a safe environment for its workers is diminished or eliminated.”

Rau’s current strategy for closing this loophole, which is not really a legal loophole at all, is weak. Rau, a Labor Party politician, says that he will bring the matter to the attention of the Federal Minister for Workplace Relations, Bill Shorten. However, Australia is ten days away from an election that the current (Labor) government is tipped to lose.

Continue reading “MP wants to close a dodgy loophole but vision is what’s needed”

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