Level crossing investigation reports

The Victorian Auditor-General is conducting an investigation into the “management of safety risks at level crossings”.  Victoria’s Coroner is also investigating several, of the many, deaths at level crossings.

According to the Auditor-General’s website the level crossing report will be tabled in Parliament next month.  It is understood that the three nominated level crossing hearings of the Victorian Coroner will commence sometime in 2010. Continue reading “Level crossing investigation reports”

Dignity At Work, different UK and Australian approaches

On 26 January 2010, a fascinating document was released from England concerning  workplace harassment and violence.  This builds on earlier work in Europe and has led to the joint guidance on “Preventing Workplace Harassment and Violence“.

The guidance has the demonstrated support of employer, employee and government representatives who have committed to

“…ensuring that the risks of encountering harassment and violence whilst at work are assessed, prevented or controlled.”

Significantly they also state

“We will implement our agreement and review its operation.”

Continue reading “Dignity At Work, different UK and Australian approaches”

Business assessment of OHS

Australia’s Productivity Commission released its draft report into Performance Benchmarking of Australian Business Regulation: Occupational Health and Safety on 27 January 2010.  The 432-page report will take some time to read and digest but below are the general key points of the report

  • “This study compares inter-jurisdictional differences in occupational health and safety (OHS) legislation in 2008-09 and its administration and enforcement and the costs they imposed on business. Such benchmarking provides information which can support current moves to establish a consistent regulatory approach to OHS across all jurisdictions.
  • Generally, OHS performance has been improving. National injury incidence rates have fallen almost 20 per cent between 2002-03 and 2007-08. Continue reading “Business assessment of OHS”

Do “enforceable undertakings” equal justice?

The issue of “enforceable undertakings” for breaches of OHS law receives an interesting interpretation in the Courier-Mail newspaper on 18 January 2010.  “Enforceable undertakings” are unfairly described as “plea bargains” but the article does provide some comparisons to support the argument.

The first example provided where a worker was left a paraplegic sounds like a plea bargain in that there was a negotiated “agreement to avoid being brought the courts” but more information is required.

The second, concerning the injury to patrons at the Sea World theme park, is treated too briefly and is likely to involve issues of public liability.  However the dollar comparison in this example may raise the need to ensure that any enforceable undertakings should be comparable in dollar value to the initial fine.   Continue reading “Do “enforceable undertakings” equal justice?”

CEO changes in Australian OHS

As safety professionals start to return to work in Australia after their Summer break, speculation for 2010 increases.

Many are wondering who will replace John Merritt as the executive Director of WorkSafe Victoria?  The appointment process is likely to take a couple of months but there are several possible candidates.

One could be Julia Davison of WorkCover South Australia.  On 15 January 2010 the chair of the WorkCover SA board, Philip Bentley, informed the IR Minister that Davison will be leaving her CEO position in mid-2010.  The timing is good. Continue reading “CEO changes in Australian OHS”

Politics and safety in California

Workplace safety, as is any legislation, is subjected to the political whims and decisions of whichever political party is in power at the time.  In Australia, John Howard’s conservative government almost halved the already meagre budget of the National OHS Commission, stopping many of the programs of national OHS uniformity that are now being resurrected by the Labor Government of Kevin Rudd.

On 14 January 2010 an investigative report into the operation of Cal-OSHA by KCET says that there was a marked change in the enforcement policies of Cal-OSHA shortly after the election of Republican Arnold Schwarzenegger as Governor of California. Continue reading “Politics and safety in California”

Changing the OHS guard

John Merritt is leaving WorkSafe Victoria to head up the Environmental Protection Authority.  Nothing special in such a move as such progression is part of many senior executive public servant’s career plans.  But Victoria’s politicians have started to use this change for political point-scoring on the basis that Merritt is married to Victorian parliamentarian, Maxine Morand.

This is unfortunate but not surprising.  The political argy-bargy implies that John Merritt is undeserving of his new appointment and this is not the case.

I have met John Merritt over a number of years and from before he became the executive director of WorkSafe in 2001.  During his time with the National Safety Council of Australia, there was an air of optimism in this moribund organisation, the same air he brought to WorkSafe.  I interviewed him regularly

Continue reading “Changing the OHS guard”

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