The Australian Government looks to apply “above-the-line” safety to quad bikes

At the end of August 2012, Australia’s Minster for Workplace Relations, Bill Shorten, released a discussion paper on quad bike safety. The intention of the discussion paper is a:

“…calls for submissions on potential improvements to quad bike safety to reduce the alarming rate of quad bike fatalities and injuries….

The comments received will be discussed at a one day forum between all levels of government, farming organisations, unions, industry and community groups to be held in October 2012.”

The paper is fairly thin on details and is certainly not like other discussion papers which present a current state of knowledge or present a set of circumstances that comments are wanted on.  But most of the quad bike safety research is readily available on the internet so, perhaps Minister Shorten is acknowledging this reality and the intelligence of those interested in this issue. The paper poses the following questions: Continue reading “The Australian Government looks to apply “above-the-line” safety to quad bikes”

Safety culture change through a regulatory-based market mechanism

In late August 2012 at a breakfast seminar, the Director of Construction Code Compliance, Nigel Hadgkiss outlined the 1999 Victorian Code of Practice for the Building and Construction Industry, which complements a 1997 National Code, and recently released implementation guidelines being imposed on many Victorian construction companies by the Liberal Government. The Code and implementation guidelines are ostensibly about industrial relations or, as Australia is increasingly calling them, workplace relations but do contain some interesting safety elements.

An intriguing element of the Code and guidelines is the introduction of a workplace culture through contract obligations and how this may affect workplace safety.

Hadgkiss stated, according to a copy of his presentation, that

“Where a party tenders for public work called for after 1 July 2012, the party is required to comply on any subsequent privately funded work.”

This quote means that any company that applies for a Victorian Government contract, of specific costs and other criteria, must comply with the Code.  Any client is entitled to impose their own contractual conditions. The obligation that  “the party is required to comply on any subsequent privately funded work” means that even if the contractor or party fails to win the contract it tendered for its management of  any subsequent project, even one from non-government funding, must also comply with the Code.

One of the four priority elements of the Code is occupational health and safety, so OHS requirements will spread from principal contractor, or tenderer, to contractor, sub-contractors and sub-sub-contractors like a virus or an “ITI”, an industry-transmitted infection.   Continue reading “Safety culture change through a regulatory-based market mechanism”

Inside Australian PM’s political problems is a nugget of workplace safety

Prime Minister Gillard (centre) and others at Government House Canberra in March 2012

The Australian Prime Minister, Julia Gillard, has been under intense media pressure over an issue concerning her conduct as a lawyer around 17 years ago.

It involves legal work for unions, her personal relationship at the time with a union official who has been described as “dodgy” and of most relevance to this blog, workplace safety.

Missed in all the debate is that the workplace safety issue seems to support the assertions of many in the business and industry associations that OHS is frequently used by trade unions as an excuse for action in other areas.  These other areas are usually industrial relations but in this instance OHS was used to mask a unionist’s alleged misuse of member and industry funds. Continue reading “Inside Australian PM’s political problems is a nugget of workplace safety”

WHS harmonisation status

Things seem to have been quiet on the harmonisation of OHS laws in Australia so it is worth to check the latest status of these laws. Australian law firm, Freehills, recently provided clients with an update (not yet available online) in which they described the process as now operating in two stages, almost splitting Australian jurisdictions.

According to the client update:

“As of 1 January 2012, the Model WHS Laws have commenced operation in:

Principled pragmatism – Human Rights included in OHS Due Diligence

On 16 August 2012, Australia’s Workplace Relations Minister, Bill Shorten, said in Parliament, in relation to new asbestos management initiatives, that”

“On 14 March this year, in my first ministerial statement on workplace health and safety in this place, I said that every Australian who goes to work should return home safely. I know both sides of the House endorse this universal human right and today I reaffirm our commitment to this principle…” (page 13, Hansard. emphasis added)

It is very common to hear safety professionals and company executives echo the statement that workers should return home in an uninjured state.  But few would be aware or, perhaps, agree that this is a human rights statement.

Following an earlier blog post, one reader has pointed us to the United Nations Guiding Principles for Business and Human Rights that were released in 2011. According to the author, John Ruggie, these principles:

“… highlight what steps States should take to foster business respect for human rights; provide a blueprint for companies to know and show that they respect human rights, and reduce the risk of causing or contributing to human rights harm; and constitute a set of benchmarks for stakeholders to assess business respect for human rights. Continue reading “Principled pragmatism – Human Rights included in OHS Due Diligence”

Is safe work a basic, or fundamental, human right?

Early this century, according to a draft conference paper* in the SafetyAtWorkBlog archives, the late Eric Wigglesworth OAM posed the following question:

“In addition to our basic human rights of freedom of speech and freedom of religion, should there also be freedom from injury as a basic human right?”

The expectation of a safe and healthy work environment and a workplace without risk is often expressed as a human right, but is OHS a “human right” and what does it mean?

According to one website

“on June 29, 2008, the XVIII World Congress on Safety and Health at Work signed the Seoul Declaration on Safety and Health at Work.”

According to the International Labour Organisation

“…the Declaration also emphasizes that the right to a safe and healthy working environment should be recognized as a fundamental human right.”

The Seoul Declaration mentions human rights only in passing but the reference exists. It is one thing to make a statement and to do so on a global platform but to make this applicable at specific industrial or national levels seems different.

Continue reading “Is safe work a basic, or fundamental, human right?”

New anti-bullying campaign launched

Brodies’ Law concerning workplace bullying is set to gain more media attention today as the Victorian Attorney-General, Robert Clark, launches a new anti-bullying campaign.

The campaign has been pushed for by the parents of Brodie Panlock, Damien and Rae, and was whispered about at recent public hearings into workplace bullying.  However, the media campaign gained a shaky start on the ABC from psychologist Evelyn Field.  Her interview, which was videoed, appears almost off-topic and never gains the gravitas the subject of workplace bullying deserves.  The ABC may be partly at fault here by choosing Evelyn Fields instead of the Attorney-General or Brodie’s parents.

The media release of the Attorney-General (not yet available online) states that the ‘Take a stand against bullying’ campaign

“… will see information about bullying and Brodie’s Law distributed to more than 8,000 schools, workplaces and police stations across Victoria.”

When one considers the number of schools, workplaces and police stations in Victoria, 8,000 is not a lot.  Victoria Police has been very supportive of Brodie’s Law and the Panlock family and have produced a terrific Youtube video to explain the law.  It is far more effective than other attempts to explain the law. Continue reading “New anti-bullying campaign launched”

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd