Category: politics

Federal Safety Commissioner begins review of SWMS info

Recently, the issue of Safe Work Method Statements was discussed at a construction safety conference in Canberra.  SafetyAtWorkBlog reported that:

“Several delegates stated their belief that the Office of the Federal Safety Commissioner (OFSC) is largely to blame for the over-emphasis on SWMS in the construction sector and for the bloating of SWMS into a document that does little to improve safety and is more related to meeting the audit criteria of the OFSC”

Last week, the Office of the Federal Safety Commission (OFSC) removed the webpage that led to its Fact Sheet – Guidance for producing Safe Work Method Statements.  The webpage now says that

“The Guidance for producing Safe Work Method Statements (SWMS) Fact Sheet is currently under review.”

What’s going on? Continue reading “Federal Safety Commissioner begins review of SWMS info”

Safety should not be the red tape bastard of productivity

There is a logic being applied to workplace safety and public policy that does not ring true. The argument seems to be that productivity levels in Australia are low, that part of the reason for this low productivity is excessive business paperwork and that workplace safety regulators are a major contributor.   (SafetyAtWorkBlog has written around this topic previously.)

Businessman with devil or angelThe authority on productivity in Australia is, unsurprisingly, the Productivity Commission (PC).  In mid-June 2013, the commission released its Productivity Update, the first of promised annual reports.  Search in the document for “workplace safety” and there is no mention, even “safety” only pulls up a couple of public safety references.  Nothing for “workplace” either.

In fact, the report states that

“Strong growth in labour productivity in the December quarter of 2012-13 could be a sign that a broader improvement in MFP growth is now underway” (page 2)

and

“modelling shows that a comparatively small increase in the rate of labour productivity growth (primarily due to higher MFP growth) could lead to a comparatively large increase in the level of real GDP per person by 2050.” (page 2)

2050 is a long way off but the forecast is for an increase in productivity and the growth in the December quarter could indicate a trend. So for all the productivity gloom and doom being written about in the business newspapers, the reality may be different.   Continue reading “Safety should not be the red tape bastard of productivity”

Legal changes on workplace bullying are forgetting the workers

The lower house (thanks, Rex) of the Australian Parliament has passed amendments to its industrial relations laws, the Fair Work Act, to allow for matters concerning workplace bullying to be heard in its Commission, once the laws pass the Senate.. But recent media and parliamentary discussion on this action seems to forgotten the welfare of the bullied workers.

Professor Andrew Stewart of the University of Adelaide is reported to have said that there is a risk that the Fair Work Commission will be “swamped” with bullying complaints and that a system of filtering should be applied. Such a mechanism is supported by Professor Ron McCallum who said in The Australian on 14 June 2013:

“I would agree with the Coalition that there should be some filtering mechanism because we don’t know how many complaints there are going to be,” he said. “There’s been wildly varying suggestions.

Continue reading “Legal changes on workplace bullying are forgetting the workers”

WorkHealth raises health awareness but only so far

Last week the Institute for Safety, Compensation and Recovery Research (ISCRR) released a review of the WorkHealth program.  The results are very positive and deserve detailed analysis.  However these analyses do not seem to address all the expectations of the Victorian Government when the program was launched several years ago.

Cover of workhealth_synthesis_reportPremier John Brumby said at the launch of WorkHealth that

“Over time the program is expected to free up $60 million per year in health costs, as well as:

  • Cut the proportion of workers at risk of developing chronic disease by 10 per cent;
  • Cut workplace injuries and disease by 5 per cent, putting downward pressure on premiums;
  • Cut absenteeism by 10 per cent; and
  • Boost productivity by $44 million a year.”

One of the key findings of the research seems to meet two of the program’s aims:

“Modelling of outcome forecast goals for a 10% reduction in absenteeism and a 5% reduction in compensable injury rates are likely to be met, especially as health promotion program uptake increases.” (page 5)

It is reasonable to expect from a 4-5 year study of hundreds of thousands of work health checks that hard data be obtained but as the quote above reveals, the researchers needed to apply modelling and draw on research from other sources. Continue reading “WorkHealth raises health awareness but only so far”

No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush

Australian politics is currently embroiled in a dispute generated by a contractor entering the telecommunications pits of the asset owner. Some, or many, of the pits contain asbestos and the contractor’s work, the laying of new fibre-optic cables, may disturb the asbestos. There are many other concerns but that is the nub.

The Australian newspaper has been running on this issue for many weeks but one article in today’s edition called “Tak​ing a dig: will Bill come up short?” (page 9 – online paywall), by David Crowe, caught my attention. Crowe reports that:

“The Aus­tralian has been told Tel­stra chief ex­ec­u­tive David Thodey wrote to Shorten in De­cem­ber 2009 to ar­gue against his pro­posal for a ‘‘proac­tive’’ pro­gram to re­move as­bestos from the com­pany’s pits. Thodey gave three rea­sons for not pro­ceed­ing: the cost; the risk of re­leas­ing as­bestos; and the fact plans for the NBN were in train but had not been locked in.”

I realise that the OHS legislative concept of “reasonably practicable” does not extend to all facets of life but if it were applied to the current asbestos exposure (and I think it could) Thodey’s three reasons given above would be crucial in any potential prosecution, particularly if the reasons in Thodey’s response to Bill Shorten were listed in order of priority. In OHS law, cost is the last element to be considered in determining a reasonably practicable hazard control measure.

Continue reading “No one is mentioning OHS prosecution in Telstra/NBN asbestos stoush”

Rita Donahy speaks at Australia’s Building Safety conference

Donahy 2013 01The first international speaker at this weekend’s Building Safety conference in Canberra, Australia was Rita Donahy, author of the One Death Is Too Many report into the UK’s construction industry safety performance, and a member of the House of Lords.

Donahy stressed that workplace safety is, and should be, a social issue and not treated as a special case.
Continue reading “Rita Donahy speaks at Australia’s Building Safety conference”

New workplace bullying laws generate heated debate

Today Australia hosts a No2Bullying conference.  It is a timely conference as the debate on Australia’s changes to the Fair Work Act in relation to workplace bullying heats up.

Lawyer Josh Bornstein is particularly critical of the politicisation of the amendments and believes this increases the instability or remedies available to victims of workplace bullying by increasing pressure on under-resourced OHS regulators.

The amendments are unlikely to reduce the incidence of workplace bullying in Australia as they address post-incident circumstances.

As the new legislation is being passed through Parliament, the industrial relations, political and legal context will dominate the media, Continue reading “New workplace bullying laws generate heated debate”

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