Category: politics

Some journeys should never be needed

Relatives of people who have died in workplaces regularly complain about the lack of communication from OHS regulators and other government and legal agencies who are charged with investigating an incident.  A recent example of this is Ann Maitland whose daughter, Michelle, died in a gymnastics class in 2009, but Ann Maitland took action and the safety level of gymnastics classes, and many other workplaces,  is likely to improve considerably as a result.

Prior to discussing the government’s report into gymnastics safety, it is worth acknowledging the arduous journey that Ann Maitland ( an occasional commenter on this blog) undertook.

In response to complaints by Ann Maitland, the Queensland Department of Justice and Attorney-General engaged conducted an independent review of the actions of Work Health and Safety Queensland (WHSQ)  in relation to Michelle Maitland’s death.  The review report found that

“A key deficiency highlighted by Mr Byrne was the inadequate communication with Ann Maitland. He further adds that “any similar situation in the future by the creation of the liaison officer position”. In this regard the Investigations Liaison Support Officer position was implemented in January 2011.”

There were several other recommendations from the review for WHSQ to tighten up enforcement procedures.  The fact that an independent review was conducted at all is a major win for Ann Maitland and other Queensland families.  The fact that such an independent review was required at all should be a matter of great concern. Continue reading “Some journeys should never be needed”

Australian politician jumps on possible OHS concession from Government

Politics has again entered the OHS harmonisation debate in Australia.  Federal Workplace Relations Minister, Chris Evans, issued a statement on 10 November 2011, part of which that has been pounced on by the Opposition and slightly twisted by the online media.

“Senator Evans also announced that transitional arrangements for the model OHS laws have been developed by Safe Work Australia to assist businesses to move to the new harmonised arrangements.

“The transitional arrangements will apply to the model OHS Regulations and provide delayed commencement of up to 12 months or more where the new laws result in a new or significantly different set of duties,” Senator Evans said.

“The developments of sensible transitional arrangements are part and parcel of any new laws.”

The Shadow Minister for Workplace Relations, Eric Abetz, quickly responded with a media release of his own.

“Minister Evans has today conceded that businesses will be able to delay implementing new national health and safety laws by up to 12 months if the regulations result in them having to undertake significant change.  Given that almost every business will have to make significant change, this is the Minister’s back door way of delaying the laws implementation.”

It is important to read the entirety of Senator Evans statement as it reiterates some of the points that SafetyAtWorkBlog reported on several weeks ago.   Continue reading “Australian politician jumps on possible OHS concession from Government”

Australia inactive on environmental tobacco smoke

Safe Work Australia has released a couple of packages of draft codes of practice in line with the Australian Government’s OHS harmonisation strategy but where is the code that addresses the established risk of environmental tobacco smoke (ETS) or second-hand smoke?  This is a question that was asked during the recent Safe Work Australia week by Smoke Free Australia, an alliance of employee and health groups.

Smoke Free’s media release stated that

“….thousands of Australians are working in areas contaminated by highly toxic, carcinogenic tobacco smoke – and Safe Work Australia has done nothing to prevent it”

Stafford Sanders, the coordinator for Smoke Free Australia, was struggling to understand why ETS had not been given prominence in the new draft codes of practice given that second-hand smoke is a known killer. Continue reading “Australia inactive on environmental tobacco smoke”

Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT).  The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers.  The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Media releases are all positive for Safe Work Australia Week

Further to yesterday’s blog post that mentioned Australia’s Minister for Workplace Relations, Chris Evans, it is worth noting his new media release (not yet available online) in support of the 2011 Safe Work Australia Week.

On 23 October 2011,  Minister Evans said all the “right” things:

“National Safe Work Australia Week, an annual initiative of Safe Work Australia, is an opportunity for all Australians to think about how to improve work health and safety in their workplace and in their community,” Senator Evans said. “Each and every worker deserves to go to work each day and return home safely each night.”

Senator Evans said workers deserve the same decent safety standards across Australia.

“This is why the Gillard Government is committed to harmonising Occupational Health and Safety laws by January 2012,” Senator Evans said.  “The new laws will cut red tape and ensure that all workers have equal protections regardless of where they live and work.  They will apply not only to employees, but also to contractors and their employees, subcontractors, labour hire workers, apprentices and volunteers.  These reforms are vitally important for the safety of employees in an increasingly mobile labour force.”

Significantly, the continued refusals by Western Australia and Victoria to implement the OHS reforms prior to 1 January 2011 are not mentioned but it is understandable for the Minister to try to set the positive tone of Safe Work Australia Week.

On 21 October 2011, the Chair of Safe Work Australia, Tom Phillips, fails to mention OHS harmonisation in his media release which is his prerogative but it would have been better to address the elephant in the room – OHS harmonisation.

The harmonisation deadline is only a couple of months away and it would have been good to see some urgency on the issue from this prominent speakers.

Kevin Jones

Victoria risks $50 million over OHS reforms

A SafetyAtWorkBlog article from last week said that Victoria’s Work Safe Week started flat and that speakers at some events were unsure of the future of OHS laws due to Minister Gordon Rich-Phillips‘ unprecedented call to the Federal Government for a 12-month delay.

A spokesperson for the Federal Minister for Industrial Relations, Chris Evans, has told SafetyAtWorkBlog that Victoria is risking $A50 million of federal government funding if it does not implement OHS reforms:

“….the Victorian Government has already factored in around $50 million in reward payments for the 2011-12 budget forward estimates. These reward payments are dependent on Victoria implementing agreed reforms in accordance with key milestones. This includes OHS reform.”

This economic reality is perhaps behind Rich-Phillips’ continuing emphasis that the Victorian Government continues to support the “principle” of harmonisation.

At the 2011 Work Safe Awards on 19 October 2011, Minister  Rich-Phillips seemed to identify a strategy that is contrary to the application of that principle.   Continue reading “Victoria risks $50 million over OHS reforms”

Victoria is relinquishing its position of OHS leader in Australia

WorkSafe Victoria “launched” its Work Safe Week on 17 October 2011 with a lacklustre seminar about the future of OHS in Victoria but the quiet tone reflected the peculiar approach to OHS law reform taken by the government.  Disappointingly the Victorian Minister responsible for WorkSafe, Gordon Rich-Phillips, failed to use Work Safe Week as an opportunity to introduce himself to the State’s safety professionals.  His profile is almost non-existent other than his recent media release calling for a 12-month delay to OHS harmonisation, a decision that is likely to do more harm to OHS in Victoria than good.  Perhaps he is waiting to appear at the upcoming WorkSafe Awards dinner.

WorkSafe’s first speaker, Lisa Sturzenegger, provided the, now expected, summary of WorkSafe Victoria marketing statistics and stakeholder perception surveys that we became so familiar with from John Merritt’s tenure as Executive Director, but without the spark.  The message was that Victoria is leading the country in low workers’ compensation premiums and injury rates.  Sturzenegger did continue to tell us what WorkSafe intends to do for the next 12 months but without new legislation, the message was “business as usual”, and the other States will be applying a harmonised OHS enforcement policy, anyway. Continue reading “Victoria is relinquishing its position of OHS leader in Australia”

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