Category: politics

OHS law reform should not rely on Courts for clarification

Since the early 1970’s OHS law has been “de-lawyer-fied”.  The intention of the law is to empower workers and employers to manage safety in the workplace to meet basic human rights – the right not to be injured at work, the obligation not to hurt others.  Good law allows for the basic legislative tenets to be readily understood.  Poor law is difficult to understand and leads to increased business and personal costs in order to determine compliance.

I would argue that Australia’s recent aim of the national harmonisation of OHS laws will lead to complexity and cost – the opposite of what was intended – and a disempowerment of the workforce as the legal imperative overrides the safety management obligation.  The major weakness in the law is its seeming reliance on the Courts to clarify the laws, their application and their relevance.

Legal commentators on the laws have stated publicly that the impact of the law will not be clear for several years and that many questions about the laws will only be answered when prosecutions are brought and the Courts hand down decisions.  This process is sloppy, should not be accepted unquestionably by OHS professionals and does almost nothing to help the vast majority of Australian businesses to comply. Continue reading “OHS law reform should not rely on Courts for clarification”

Montara oil spill report still not released and restlessness is increasing

At least one state government in Australia is becoming annoyed with the delayed release of the investigation report in to the Montara oil spill in the Timor Sea in 2009.  The Federal Government has had the final report for almost one month.

In an ABC media report:

“The Country Liberals environment spokesman Peter Chandler [said] “There’s only one reason that anyone would want to stall releasing a report [and that] is because the report’s damning of perhaps both the Territory Government and the Federal Government in this matter,”….

The Australian Greens are also pursuing the final report.

Although the report will be of direct relevance to the oil and gas industries in Australia, the international significance from parallels with the BP Gulf of Mexico leak cannot be ignored.  This resonance could also be part of the report’s delay as the government refines a media strategy for the release.

The need for cautious assessment is understandable but it is just possible that an early release of the final report will assist in the United States’ control and remediation measures in the Gulf, the prevention of similar incidents in the hundreds of existing and planned deep sea oil rigs in the US and avoid the Federal election hoo-ha that seems to have already begun in Australia.

Kevin Jones

Cath Bowtell jumps to federal politics

The current Executive Director of WorkSafe, Cath Bowtell, has confirmed that she will contest a seat in the Australian Parliament, according to The Age and AAP reports on 6 July 2010.

As previously stated, this move sets some challenges for WorkSafe Victoria.  The Acting Executive Director following John Merritt’s departure, Stan Krpan, put in his notice shortly after Bowtell’s appointment was announce several months ago.  It was rumoured that one of the labour law firms would snatch him up and although Steve Bell is establishing his own identity at Freehills, the firm lost a major brand advantage when Barry Sherriff left for Norton Rose.

There is no doubt that Bowtell fits the Labor Party needs of the Melbourne electorate but her departure must unsettle WorkSafe.  It now needs to go through the recruitment process again just as the federal government’s OHS harmonisation program is hitting its second phase.  WorkSafe’s HR people must be tossing up whether to choice another candidate with a strong social conscience but, barely hidden political ambitions, or to look again for an appointment from its own ranks.

Perhaps it needs to look to the small and sometimes dubious pool of Australian safety professionals.  The profession itself is traditionally conservative but at least they may be ready to serve the principles of safety instead of self interest.

Perhaps, WorkSafe should look overseas.  John Lacey, former President of UK’s Institute of Occupational Health & Safety, has been a regular visitor to Victoria for over a decade and maybe he could be induced to relocate, even for a 5 year contract.  It would be tempting to look for candidates from outside the political circuits in Australia.

Kevin Jones

Safety needs to be seen to be more than politics

Any optimism that one may have felt over the appointment of Cath Bowtell as the executive director of WorkSafe Victoria may be very short-lived if the reports on the cover of The Age newspaper are to be believed.  The Age reports that Cath Bowtell is the frontrunner for a seat in the Australian Parliament following the MP for Melbourne, Lindsay Tanner’s decision to not contest the upcoming federal election.

For those who want political discussions on the Labor Party machinations, this is not the right blog.  IF Cath Bowtell enters the race for a Federal seat, what does this say about the position of WorkSafe’s executive director? Continue reading “Safety needs to be seen to be more than politics”

More OHS charges laid over insulation installer deaths

The OHS investigation process into the deaths of installers of insulation in Australia has led to charges being laid against Arrow Property Maintenance Pty Ltd.

On 28 June 2010, Queensland’s Department of Justice and Attorney-General has charged the company with breaches of both the  Electrical Safety Act 2002 and the Workplace Health and Safety Act 1995 following an extensive investigation into the fatal electrocution of a 16-year-old teenage insulation installer in Stanwell in 2009.

The charges relate to unsafe electrical work and unsafely working at height during the installation of fibreglass insulation.

Interestingly the Department has also mentioned in its media release (not yet available online) a separate prosecution under the Electrical Safety Act 2002 that is strengthened by it also being an

“… alleged breach of a Ministerial Notice issued on 1 November 2009 Continue reading “More OHS charges laid over insulation installer deaths”

Safety professionals and regulators must think more broadly and for the future

The European Agency for Occupational Safety & Health at Work has released its Annual Report for 2009/10.  Most of the content should be familiar to those who follow EU-OSHA through their blogs and publications but it provides a good indication of the future of OHS in Europe and the methods that will applied in that future.

Annual Report - Full

One significant achievement of EU-OSHA is its anticipation of workplace hazards.  Few OHS regulators and agencies have had the resources or will to forecast the next set of hazards.  The nature of regulators has been reactive possibly because they remain largely uncertain of how to step beyond the factory fence to acknowledge OHS as a broad social element and, after decades of compartmentalising safety and health to the workplace, to try to catch up with the spread of new varieties of workplaces. Continue reading “Safety professionals and regulators must think more broadly and for the future”

Teacher stress, resilience and protective factors

Teaching is a stressful occupation.  Any occupation that requires one to not only talk to people but to educate them, is stressful.  Imagine having to do this every week day in front of over twenty people who do not want to be there.  During your lunch break, instead of putting your feet up and reading the paper, you may be required to patrol the inside of a wire fence wearing a fluorescent vest followed by children sucking up or making fun of you.  On days off, you still have scribbled essays to mark or neatly written essays to vet against Wikipedia all the time.  During holidays you travel hours to a remote caravan park on the bend of a river and there will still be a school child who recognises you and keeps saying “Hello, Sir”.

Such can be the life of a teacher but teaching is conducted at a workplace and health at work is a legislated obligation and expectation.  On 23 June 2010, the Tasmanian Government felt the need to clarify some media reports concerning the stress levels of its teachers.  The Education Minister, Lin Thorp, said in a media release that

“… a total of 57 Department of Education employees, including teaching and non-teaching staff, had taken stress leave in the year ending March 2010. This figure is the same as for the previous year. Continue reading “Teacher stress, resilience and protective factors”

© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2024. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

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