The voice of OHS is being reduced to a squeak

The decline of trade union influence in Australia, as membership remains low, has the sad effect of also seeing a reduced voice for some core elements of occupational health and safety (OHS) such as the importance and prominence of the “safe system of work”, the myth of the “careless worker” and the insidious hazard of impairment. These OHS issues remain significant and demand attention but who will be the new voice of workplace safety?

Impairment

Impairment is a collective term that many trade unionists use for workplace hazards such as fatigue, drug use, alcohol use and other psychosocial hazards, such as stress.  Impairment is a useful term as it relates to the worker’s fitness for work and the level of attentiveness that the employer expects as part of the employment contract.  It also ties into the issue of labour productivity as an impaired worker, regardless of the cause of the impairment, is unlikely to be working as hard or as effectively, or productively, as the employer expects.

The downside is that using a collective term makes it more difficult to focus on specific interventions.  Drug and alcohol use can be combated by a combination of preventive education and enforcement through testing  but such strategies cannot be applied to fatigue or stress although both these elements may be contributory factors to drug and alcohol use.  Stress and fatigue are more effectively reduced by job redesign and a reassessment of the organisational structure and morality, in other words, the establishment of a “safe system of work” as required by both the OHS and Work Health and Safety (WHS) laws.

Impairment may have some connotations of disability but its attraction is that it is a neutral term for describing something, or someone, that is not working as intended due to an external factor.  It is a good descriptor but a poor term from which to base anything more than general action.

Safe System of Work

The “safe system of work” has been a term whose definition never seemed to have stabilised in Australia’s legislation.  This is partly because it has been treated similar to a workplace culture, something that is thought to exist but never really understood.

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The nonsense of Victoria’s non-harmonisation

[Guest post from Ross Macfarlane]

A rhetorical question: if you were an OHS advisor for, say, a Victorian construction company, would you prefer to rely on a regulatory guidance document issued in 2012, under legislation which is not in force in the State, or one which is well over 20 years old, and issued under another piece of legislation which is not in force in this State?

It is received wisdom in OHS professional circles that the continuing failure of Victoria and Western Australia to implement harmonised work health and safety laws is a triumph of politics over policy – a victim of lobbying by special interest groups, mostly of a conservative persuasion. It is a fact that the goal of nationally harmonised laws was established during John Howard’s Prime Ministership, but it is also a fact that the national model laws were adopted by the Council of Australian Government (COAG) in July 2008 (with a target date for adoption of 1 January 2012,) in a narrow window of time when Labor governments were in power in the Commonwealth and every Australian State and Territory.

I don’t wish in this article to dwell on the politics surrounding of the adoption, rejection or modification of the harmonised laws. Key ideological differences such as the magnitude of penalties and union right of entry are I believe of less consequence than the failure to adopt the common structure and common approach to regulation. Hence I want to focus on some of the anomalies and contradictions that have arisen in Victoria as a result of the laws not being adopted in this State. Continue reading “The nonsense of Victoria’s non-harmonisation”

Ministerial responsibility in finance but not in workplace safety

Ministerial responsibility seems to be advantageous in financial policies but irrelevant to workplace safety going by actions by Australia’s political leaders.  This week former senior (Labor) parliamentarians, Mark Arbib, Peter Garrett, Greg Combet and Kevin Rudd, will be fronting the Royal Commission into Home Insulation to explain their lack of due diligence on workplace safety matters.  This is only a week after the Federal (Liberal) Government released a Commission of Audit report that promoted ministerial responsibility.

The popular perspective is that these ministerial decision-makers will be held to account for the deaths of four young workers but this is unlikely to occur because State occupational health and safety (OHS) laws establish a direct OHS relationship between employers and employees and the senior politicians did not employ anyone who was installing home insulation.  The argument at the Royal Commission mirrors the chain of responsibility concept except that in work health and safety (WHS) legislation, government ministers are not covered by the definition of ‘officer’ and therefore have less OHS/WHS responsibility that anyone heading up a company or organisation.

Labour lawyer

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Royal Commission and risk registers

Most of the Australian media is waiting for the former politicians to appear at the Royal Commission into the Home Insulation Program later this month but the Commission has not been quiet in its many public hearings recently.  One of the hearings heard evidence that is particularly significant and relates to risk registers.

According to 

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Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014

IWMD 2014 01A short time ago the International Workers Memorial Day commemoration in Melbourne, Victoria, concluded. The ceremony was less sombre than in previous years with, it seemed, fewer families and relatives of deceased workers.  Certainly there was no speech from a family member, nothing from workplace safety advocates other than the three trade union speakers, Meredith Peace, Brian Boyd and Michael Borowick (all pictured right), however there were tears for some in the crowd and wreaths were laid prior to a minute silence.

The politics was reduced this year as there were no noisy protests from the back of a tray truck and no march on Parliament afterward, however politics is never far from the surface of this type of event. Michael Borowick, Assistant Secretary of the Australian Council of Trade Unions  was the more effective of today’s three speakers.  Continue reading “Red tape (again) and Obama’s support – Melbourne’s Workers’ Memorial Day 2014”

Australia’s Construction Code and the Home Insulation Royal Commission

On 17 April 2014, Senator Eric Abetz, Australia’s Workplace Relations Minister, released the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 and supporting guidelines.  This Code is, fundamentally, an industrial relations Code however there is an occupational health and safety (OHS) element that needs to be noted, particularly when considered against the background of the Royal Commission into the Home Insulation Program.

Section 6.2.1 of the Code’s Guidelines says:

“Improving the industry’s WHS&R [Work Health Safety and Rehabilitation] performance requires positive measures that aim for prevention rather than correcting things when they go wrong. This initiative is directed at making WHS&R management an integral part of the organisational culture of companies and enterprises.”

The aims of this section are laudable – “positive” actions, “integrated, pre-emptive instead of reactive – but there are also hints that role of safety in this Code has not been fully thought out.

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OHS can be a force for social change, if anyone could be bothered

HesaMag should be obligatory reading for all OHS professionals, not just those in Europe. The editorial in the most recent edition (9 and not yet on line) is a great example of the value of this free magazine. It critically discusses the upcoming International Workers’ Memorial Day and its significance.

It asks for everyone to enact the commitment shown on each April 28 to every other day of the year. It says:

“Let’s not be taken in by the false sentiment on 28 April, but demand a clear and detailed accounting”

It asks why EU OHS legislation has been so slow to appear or be revised but equally, in Australia, questions should be asked about the status (failure in my opinion) of WHS harmonisaton, the lack of attention to the causes of workplace mental illness, the status of workplace bullying claims in the Fair Work Commission, the lack of attention to heavy vehicle OHS matters by the safety profession and the insidious encroachment of the perception of OHS as a failure of the individual rather than a failure in the system of work. Continue reading “OHS can be a force for social change, if anyone could be bothered”

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