OHS – the missing element in productivity debate

On 7 August 2012, the Victorian Premier, Ted Baillieu, verbally attacked the Federal Government over its COAG program and lack of support for  productivity initiatives.  The criticism of productivity sounded odd as the Victorian Government has dropped out of the reform program for occupational health and safety laws yet OHS is understood to have a positive effect on productivity. More clarification was needed on this understanding.

In April 2012 the Productivity Commission, an organisation favoured by Premier Baillieu, discussed OHS reforms in Australia.  that

“Improved health and safety outcomes achieved in practice would then lead to benefits for businesses (such as increased worker productivity, reduced worker replacement costs and reduced workers’ compensation costs), workers (increased participation, reduced medical costs among others) and society more generally (though reduced public expenses on health, welfare and legal systems).” (page 170)

For years there has been a debate about safety versus productivity.  Partly this stemmed from the taking of shortcuts on safety in order to satisfy production.  In the short-term, it was perceived that safety could be an impediment to production – take the guard of a machine, run the line speed faster than recommended, “don’t worry about the faceshield, just get it done”.  But safety professionals have been arguing that this risky behaviour masks the real problem of  not integrating safety management into the business operations and seeing safety as an optional add-on, or something applied when the boss is watching.

The recently released OHS Body of Knowledge provides some relevant insights on the productivity benefits of safety management that deserve better and broader communication. Continue reading “OHS – the missing element in productivity debate”

New book on OHS laws challenges current understandings of workplace safety

With the change of political heart from some of Australia’s state governments over the harmonisation of occupational health and safety laws, many academic and legal publishers revised their book plans as the national market was less national. However, some continued to publish understanding that although OHS harmonisation had a political deadline of 1 January 2012, refinement of the laws would continue for several years.

Federation Press has released a new book by prominent labour lawyer, Michael Tooma, and academic, Richard Johnstone, called “Work Health & Safety Regulation in Australia – The Model Act“. The title states an immediate limitation that other publishers squibbed at. The book is based on the Model Work Health and Safety Act and not, necessarily, the versions of the Act implemented at State level. Production timelines are responsible for this but it makes it even more important to follow the writings and research of Johnstone and Tooma to understand developments.

The Social Context of Safety

The authors reiterate an important element of the WHS Act in their introduction:

“[the laws] are no longer workplace or occupationally based, nor predicated on the employment relationship; rather the laws protect persons involved in ‘work’ in a business or undertaking, and, in addition, protect ‘others’ whose health and safety is affected by work. Consequently the scope of the Model Act is limited only by the imagination of those entrusted to interpret them and to enforce them.” (page 3)

This paragraph summarises well the elements of the laws that are causing so much fear in the Australian business community. Continue reading “New book on OHS laws challenges current understandings of workplace safety”

Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’

The latest set of transcripts from Australia’s Parliamentary Inquiry into Workplace Bullying has been released to the public.  Again, the public hearings provide important insights, not necessarily into the hazard of workplace bullying, but the perception of the hazard of workplace bullying.

The transcript of the public hearing in Hobart starts with a presentation from Kevin Harkins, the Secretary of Unions Tasmania. Harkins says

“… that the face of bullying in the workplace has changed. There used to be traditional initiation type processes that we are all aware of from media reports. I think it has all moved to a more complex state now: bullying in the workplace largely by workplace psychopaths. While companies have policies in place to combat bullying in the workplace, I think that in the main they are token attempts to do nothing or to cover what happens in the workplace.”

It may be that the initiation rituals where apprentices were set on fire or hung from a crane may have declined but it is concerning if the trade union movement relies on media reports for evidence of the decline in abuse. Continue reading “Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’”

Political argy-bargy over OHS continues in South Australia

On 10 July 2012, the InDaily online news service ran an article about Jodie Bradbrook of Bradbrook Lawyers, a boutique law firm in South Australia.  The article was very critical of the currently Work Health and Safety Bill that is stalled in that State’s Parliament.  Bradbrook stated that the major points of contention were, amongst others, the issue of control, union right of entry and confusion over the Persons Conducting Business or Undertaking (PCBU).

This alarmist scaremongering has similarities to matters raised by the Housing Industry Australia (HIA), an organisation that, according to South Australia’s Industrial Relations Minister, Russell Wortley has been represented by Jodie Bradbrook, a relevant fact not acknowledged in the article or by InDaily.  Bradbrook’s involvement with the HIA was noted in a December 2011 SafetyAtWorkBlog article. Continue reading “Political argy-bargy over OHS continues in South Australia”

Australian employer group doesn’t “get” workplace bullying

Garry Brack is the head of the Australian Federation of Employers and Industries (AFEI), formerly known as Employers First which summarises the industrial philosophy of the organisation.  In the past he has stated that OHS laws are not necessary but this week he has upset the parents of Brodie Panlock by emphasising a failed love affair between Brodie and a work colleague and downplaying the  instances of abuse and bullying that drove Brodie Panlock to jump to her death.

The comments on the ABC Lateline program echo his comments at the public hearing in Sydney of the Parliamentary Inquiry into Workplace Bullying. (The Hansard of his presentation is not yet available online although the AFEI submission to the inquiry is)  Brack’s position is difficult to understand as the Inquiry submission and his words at the hearing display a poor understanding of how other organisations and experts (and Brodie’s parents) see workplace bullying.

The AFEI submission says

“What concerns employers is the breadth of these [bullying] definitions which allow a limitless range of actions and behaviour to be construed as bullying by workers – in all jurisdictions. This is where the regulatory difficulty lies. It is not that there are differences in regulatory requirements but that compliance is impossible to achieve. This is because the concept of workplace bullying, as viewed by regulators, is not confined to recklessness, intimidation, aggressive or violent acts, threatening actions or behaviour, verbal abuse or an actual risk to health and safety. It may be anything from a customer demanding faster service or just complaining (even over the phone) to setting deadlines or changing work hours.”

There are several nonsensical statements here.  The Parliamentary Inquiry is not an investigation of regulations, it is an inquiry into workplace bullying.   Continue reading “Australian employer group doesn’t “get” workplace bullying”

John Darley’s delay on Work Health and Safety laws is unproductive

South Australia still has not passed the Work Health and Safety legislation that would bring it into line with most of the other States of Australia.  A major obstacle to the Bill’s progress in the South Australian Parliament is the “dithering” of Independent MP John Darley.

On 28 June 2012, Darley spoke to the WHS Bill in the Legislative Council (page 1641).  Darley reviews the status of WHS laws in Australian States, mentions Victoria’s flawed PricewaterhouseCoopers costings report but without expressing an opinion on it and acknowledges the support from major industrial and employer associations for the laws, but he seems very sympathetic to minority views on workplace safety.

Darley refers to the views of the Housing Industry (HIA) and Master Builders’ Associations (MBA) on “control”, two groups he acknowledges are “the most vocal opponents” of the Bill, and states

“Any person who does not have direct control of a risk should not have responsibility for eliminating or minimising the risk”.

Consider this position in relation to workplace psychosocial hazards.  A bully would be breaching OHS laws by bullying another worker but those executives who establish the culture of a workplace that condones the bully’s actions would not be facing any penalty.  This scenario seems to contradict a dominant safety principle that compliance and respect stems from the active example shown by an organisation’s leader.  How will the legislative obligation for a “positive duty of care” in workplaces apply with in-direct control? Continue reading “John Darley’s delay on Work Health and Safety laws is unproductive”

Why all the arguing over a workplace bullying definition?

There have been many calls in Australia for a national definition of workplace bullying.  Apparently the definition below that has applied in OHS legislation for over ten years in Victoria is insufficient:

“Repeated unreasonable behaviour directed toward a worker or group of workers that creates a risk to health and safety.”

The definition above was the one used in the first draft Code of Practice on Preventing and Responding to Workplace Bullying produced by Safe Work Australia in September 2011.

The definition was questioned by Moira Rayner, as a representative of the Law Institute of Victoria, at recent public hearings into workplace bullying.  Researchers said that a lack of a national definition is a major reason that research in workplace bullying has been so thin.

A quick survey of workplace bullying definitions in Australia is listed below:

“Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which Continue reading “Why all the arguing over a workplace bullying definition?”

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