Category: politics

Political response to new OHS laws for Australia

The Australian government got what they wanted for the harmonization of OHS laws but some persistent political shenanigans.

Troy Buswell, Western Australia’s Treasurer, is making political mileage with some bluster as the only Australian State run by the Liberal Party.  Politically he could not be seen as following the lead of the Australian Labor Party but will “continue our dialogue with the council”.  He does not have much option particularly as the Federal Workplace Relations Minister, Julia Gillard reminded him that he could risk his access to federal funding by risking a breach of the inter-governmental agreement.  Expect Buswell to concede having saved face.

Joe Tripodi, the New South Wales Finance Minister, has expressed his disappointment.  Tripodi knew what was coming as the compromise options had been flagged long ago.  But from the state that has the most overtly-influenced government, he perhaps had as much face to save as Buswell in WA.  The employers groups in New South must be jumping with joy this morning as one of the most contentious and divisive elements of NSW OHS legislation will go – the union’s right to prosecute.  The process for instigating an OHS prosecution is formalized in the new model OHS legislation and still allows unions to begin prosecutions but with less direct control.

Tim Holding, the Victorian Finance Minister, is having trouble containing his excitement.

“This is a resounding endorsement of Victoria’s OHS laws, which will provide the building blocks for the new national scheme”.

Does anyone wonder why Victorians are so disliked by the other States?  Is Holding’s over-confidence an indication that the Victorian OHS law was always going to be the dominant influence on the national law and perhaps the model OHS Law review was unnecessary for change and just a case of political processes?

In the euphoria, there are some words of caution.  There has always been concern that if any States flexed their muscles and opted-out seriously then true harmonization would not exist and Australia would go back to the fuzzy days of a National OHS Framework that everyone signs up to but does not act upon.  It is likely, with the tough Federal Government approach, that this won’t occur however a spokesperson for the Business Council of Australia is quoted as saying  (page 3 of the Australian Financial Review 19 May 2009, not available online):

“If any states decide to opt out of the process, then we won’t have a fully harmonised system of OHS and that’s bad for business.”

The government’s response to the model OHS Law review is available online or as a page in this blog.

SafetyAtWorkBlog will be updated regularly over the next few days as interesting and relevant opinions and comments become available.

Kevin Jones

More last minute lobbying but with compromise

The Business Council of Australia is the latest employer group to actively lobby Australian industrial relations ministers over harmonised OHS laws on the eve of the crucial Workplace Relations Ministers’ Council (WRMC) meeting.  BCA’s CEO Kate Lahey is reported in today’s Age newspaper as saying that the rejection of OHS law reform would say to investors that the States were not interested.

The Mineral Council of Australia has stated in the same article that 

“… a uniform OHS act will enable all businesses to focus on improving health and safety outcomes…”

Outcomes can be many things but much of the commentary over the last week seems to misunderstand the aims of the government’s review.  As I tried to emphasise on an interview on 17 May 2009 on radio 3CR, it was a review of OHS law not OHS management.  Satisfactory levels of safety have already been achievable under existing OHS law.  A change of law does not equate to a change of  approach or commitment.

The chance of the OHS reforms not going through was weakened on the weekend when the New South Wales Industrial Relations Minister, Joe Tripodi,

“signalled a compromise on the absolute duty of care that requires employers to prove a workplace is safe…”

New South Wales was the crucial sticking point in national negotiations and and the minister’s compromise is likely to be that the reverse onus only applies to corporations and that individuals be exempt.

If the WRMC decides to follow the National OHS Model Law Review Panel reports, OHS Law will be streamlined for lawyers, the Courts and OHS regulators.  This will benefit those businesses that operate across State borders but it will make little difference to the vast majority of workplaces in Australia.

 The recommendations of the Reports were not that radical.  The recommendations were, as expected, a copy of the Victorian OHS Act with bits added.  In fact, some lawyers question whether the OHS Model Law Review was really necessary given the bland predictable outcomes.

Many were wishing for an OHS revolution like that achieved by Lord Robens in the 1970s.  The fact is that the review was given limited resources and limited time to reach a conclusion.  The recommendations seem to be acceptable to the government and unsurprising.

The main game in Australian politics at the moment is industrial relations.  Any OHS changes will best understood through analysis of their IR implications.

Kevin Jones

WorkHealth concerns increase

Victoria’s WorkHealth program is due to roll-out its next stage of worker health assessments.  However, the program has been seriously curtailed by the failure of its funding model.  According to The Age  newspaper on 18 may 2009, employer associations have begun to withdraw their support compounding the embarrassment to the Premier, John Brumby, who lauded the program in March 2008.

The Master Builders Association will not be supporting the program due to WorkHealth’s connection with WorkSafe.  The Victorian Automobile Chamber of Commerce (VACC) thinks likewise.  There are concerns over the privacy of worker health records and that data from health checks may affect worker’s compensation arrangements or future claims.

The VACC is also concerned that employers will be blamed for issues over which they have little control – the health of their workers.

Many of these concerns could have been addressed by locating WorkHealth in the Department of Health, where health promotion already has a strong role and presence.  It is understood that the funding of WorkHealth from workers compensation premium returns on investment caused the program to reside within the Victorian WorkCover Authority.  There has also been the suggestion that WorkHealth was a pet program of the WorkCover board.

The program aims of free health checks for all Victorian workers was admirable and still achievable but the program was poorly introduced, poorly explained, based on a flawed funding model and now seems to be, if not dead, coughing up blood.

Kevin Jones

Varanus Island investigations continue

International safety attention was focused on a tiny island of the northwest Australian cost in mid-June 2008 when a pipeline exploded.  Investigation reports have been presented to government and companies have regained operations after the major gas explosion that disrupted supplies across Western Australia.

In early May 2009, the WA Department of Mines & Petroleum announced a further investigation will be undertaken. WA Mines and Petroleum Minister Norman Moore has said that the department would carry out the final stage of investigations into the  explosion.

Kym Bills and David Agostini have been classified officially as inspectors and will undertake the investigation.

Moore said that the October 2008 report by NOPSA needed additional information which has recently become available.

 “…that investigation was limited by its reporting time frame and the absence of critical evidence, such as the results from destructive and non-destructive testing of the pipeline.”

A ministerial media release identifies the investigation’s scope:

  • the pertinent sequence of events on Varanus Island during the incident
  • the likely cause(s) of the incident
  • any actions and omissions by the operator of the Varanus Island facility, or its contractors, leading up to and during the incident that may have contributed to those events.

The final report will be presented to the department in June 2009.

Background on Varanus Island is available in SafetyAtWorkBlog by searching “Varanus” as a keyword.

Kevin Jones

Australia’s OHS harmonisation likely to fall

Media reports on 11 May 2009 do not provide optimism for the introduction of harmonised OHS laws in Australia.  The Australian reports that the ACTU is lobbying Federal ministers over the reports into the model OHS law that are scheduled to be discussed at the Workplace Relations Ministers’ Council on 18 May.

The unions believe that following the recommendations of the review panel will provide workers with lesser standard of safety protection than they currently have.

The government has been slow is responding to the recommendations of the review panel, an odd action given the tight reform timeline they set.  However, the government has shown that timelines are flexible even when the future of humanity is threatened by climate change.

The ACTU will be campaigning in the media this week against the weakening of OHS laws, particularly the extremist laws of New South Wales.  Whether this is an ambit claim or not will be found out next week but whatever it is it shows regrettable shortsightedness on the part of the ACTU.

The Australian Financial Review (page 5, 11 May 2009, article not available online) seems to take some glee in the fact that the safety laws are “shaky”.  The paper may be caught between watching the Government’s agenda failing again or advocating legislative change to reduce the operational costs of its readers.  The AFR reports that three States are digging in against the possible OHS law reforms.  New South Wales (largely seen as dominated by the trade unions), Queensland (new IR Minster Cameron Dick wants the State’s reverse onus of proof to be applied) and Western Australia have indicated a hesitance to accept.

The Federal Government needs a two-thirds majority for the national OHS legislation to occur and, with a week to go, SafetyAtWorkBlog expects the government to apply some horsetrading  for the new laws to pass. 

Having said that noone yet knows what the new laws are that will be proposed.  The Government has received the review panel reports but has yet to respond to the recommendations.

Any law reform focused on national harmonisation is unlikely to succeed unless there is unanimous support for the reforms.  The fear all along with the OHS laws is that agreement will be short-term until state governments decide that their industries or industrial relations situation have special needs and responds parochially and weakens the national strategy.

The challenge for the Federal Minister for Workplace Relations, Julia Gillard, is to achieve unanimity AND lock in State support for several years so that harmony and stability can be achieved.  OHS law reform on this scale occurs rarely and all parties should be looking at the long term on this issue rather than their own state-based petty power struggles.  We have to wait till early next week to see which States have the mature politicians.

Kevin Jones

Australian Prime Minister talks to the great unwashed

The edge of panic is starting to appear in Australian concerns over swine flu.  Some health officials, who should know better, are slipping slightly off message.  The Queensland government’s chief medical officer has recommended that food should be stockpiled.  This was quickly jumped on by the Federal Health Minister, Nicola Roxon, has tried to provide a more palatable context to the stockpiling:

“We want people to be aware of the risk of this disease, we want people to be taking sensible planning steps but we don’t want panic,” she said. “It’s very important that we don’t have a rush on products that people just during the course of their ordinary shopping might think about whether they have some of these extra supplies.”

The Australian Prime Minister, Kevin Rudd, has offered some of the blandest, but relevant, advice:

“For all Australians to engage in the simple practice of washing their hands with soap on a regular basis.”

Kevin Rudd is not the poster boy for personal hygiene unless eating one’s earwax is a suitable hygiene practice.

SafetyAtWorkBlog will continue to watch for evidence of the effectiveness of handwashing in influenza control.

Roxon’s advice is sound however in one very important way – sensible planning steps.  Cut through the hyperbole.  Listen to reputable health advice, and keep your colleagues and employees informed.  If that happens, we’ll get through this threat.

Kevin Jones

Safe Work Australia Awards 2008

Safe Work Australia is a fairly new configuration for  Australia’s OHS department but it’s awards have been going for some years.  On 28 April 2009 the awards were held in Canberra.  The timings don’t seem quite right but that is the scheduling of these sorts of things in Australia.

The award winners from the State events are nominated for national awards, usually, conducted six months later.  SafetytWorkBlog has written elsewhere  about the need to review this system.

The winners this evening were congratulated by the Workplace Relations Minister and Deputy Prime Minister, Julie Gillard and were

The obvious peculiarity in the award winners is the absence of winners from Victoria, Western Australia and Queensland, states with large populations and/or large mining sectors.

The Dorsal Boutique Hotel gained considerable kudos in New South Wales’s awards in October 2008 with its bed elevator that reduces the need for housekeepers to bend when making the beds.  It is a good example of thinking further into the problem and asking why beds are designed the way they are and why can’t we change it.  It has a limited use but considerable appeal to the millions of hotels around the world.  More information can be found on the solution at the NSW WorkCover Awards site.

It is always more gratifying to see successful things rather than successful programs as the things are often transferable to many workplaces and are visual solutions to problems, sometimes problems we weren’t aware of.  Leadership and management awards are more a recognition that a company has taken safety seriously which has been a legislative requirement on business for decades.  There is little innovation to show in these areas.  More the award is for the fact that known techniques have been applied in difficult work situations or industry sectors or company configurations.

This is not to say the effort of the award winners is less valuable than tangible solutions but often these changes come from a changed management structure or a traumatic event or new focus from the board.  It is easier to understand the significance of these OHS “agents for change” when focusing on an individual achievement.  The award for Viki Coad is a great example of the difference one person can make.  It is these achievements that should be more widely applauded. 

Indeed readers could benefit greatly from looking at the State winners in this individual category for that is where inspiration can be found.

Kevin Jones

(Kevin was invited to attend the awards event by Safe Work Australia)

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