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How can an OHS regulator get the management of its own staff so wrong?

In June 2014, a NSW Parliamentary inquiry released its final report into Allegations of bullying in WorkCover NSW, that State’s occupational health and safety (OHS) regulator. The report found that

“…Workcover has a significant organisational problem with bullying. This problem is a longstanding one and operates at a cultural level.” (page x)

The Committee Chairman Hon Fred Nile MLC, wrote that

“more effective leadership and governance is essential.” (page x)

Longstanding bullying problems? Problems with leadership and governance? Many companies and public sector organisations have had similar issues ambulances, police, fire services, research organisations, to name a few, and are working them through. What happened in New South Wales?

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The voice of OHS is being reduced to a squeak

The decline of trade union influence in Australia, as membership remains low, has the sad effect of also seeing a reduced voice for some core elements of occupational health and safety (OHS) such as the importance and prominence of the “safe system of work”, the myth of the “careless worker” and the insidious hazard of impairment. These OHS issues remain significant and demand attention but who will be the new voice of workplace safety?

Impairment

Impairment is a collective term that many trade unionists use for workplace hazards such as fatigue, drug use, alcohol use and other psychosocial hazards, such as stress. Impairment is a useful term as it relates to the worker’s fitness for work and the level of attentiveness that the employer expects as part of the employment contract. It also ties into the issue of labour productivity as an impaired worker, regardless of the cause of the impairment, is unlikely to be working as hard or as effectively, or productively, as the employer expects.

The downside is that using a collective term makes it more difficult to focus on specific interventions. Drug and alcohol use can be combated by a combination of preventive education and enforcement through testing but such strategies cannot be applied to fatigue or stress although both these elements may be contributory factors to drug and alcohol use. Stress and fatigue are more effectively reduced by job redesign and a reassessment of the organisational structure and morality, in other words, the establishment of a “safe system of work” as required by both the OHS and Work Health and Safety (WHS) laws.

Impairment may have some connotations of disability but its attraction is that it is a neutral term for describing something, or someone, that is not working as intended due to an external factor. It is a good descriptor but a poor term from which to base anything more than general action.

Safe System of Work

The “safe system of work” has been a term whose definition never seemed to have stabilised in Australia’s legislation. This is partly because it has been treated similar to a workplace culture, something that is thought to exist but never really understood.

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Important safety perspectives from outside the OHS establishment

Real Risk - Cover When people mention safety, they are often really talking about risk. In a similar way, people talk about the absurdity of ‘elf ‘n’ safety when they actually mean public liability or food safety or HACCP. And when some professionals talk about risk management they mean minimising the cost to the employer or controlling reputational damage.

Recently two books were released that illustrate the limitations of the current Western/patriarchal society’s approach to workplace safety. Dr Dean Laplonge has written about gender and its role in making decisions and Dr Rob Long has written his third book on risk “Real Risk – Human Discerning and Risk“. Both deserve close reading and that reading should be used to analyse how safety professionals conduct their work, the organisational environment in which they work and the cultural restrictions imposed in their technical education.

Laplonge has written a book out of the extensive research and training on gender issues in the mining industry. “

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Safe Work Method Statements – their role, their use and their curse

Paul Breslin caused a stir in Australia’s OHS sector in 2013 with his costing of one element of managing high risk workplaces, the Safe Work Method Statement (SWMS). In 2014, an update of Breslin’s research was published in The Australian and New Zealand Journal of Health, Safety and Environment (only available through subscription), in which he states that

“Industry stakeholders claim that the SWMS Process is no longer manageable and that this document process has failed the industry and has basically outlived its usefulness” and

Recent “criticism has centred on the fact that SWMSs, which were intended to be easy to use documents, have often become so large and complex that they are impractical to use”.

(The latter statement was supported by speakers at a recent (poorly attended) Safety In Construction Conference in Melbourne, Australia.)

Some general industry criticism has been aimed at occupational health and safety (OHS) regulators such as the various WorkSafes and the

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Poor editing could increase confusion on workplace bullying

One of the occupational health and safety (OHS) issues that does not “travel” well across international borders is workplace bullying. Each country usually has its own laws (if at all). Each operates in a different culture and each has a different definition of what constitutes workplace bullying. Those who communicate and publish information on this hazard need to be sure that an article is relevant to its readership or at least clearly indicate the article’s overseas origin.

On 28 May 2014 the Australian Financial Review (AFR) published a

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Australian company dumps triple certification as unnecessary

At a recent seminar an HSE Manager of a large Australian company revealed that the company has dropped its support of “triple certification” – external certification to safety, quality and environmental standards. This caused a murmur in the audience as external certification has long been seen as an unavoidable element (and cost) of operating a large business. The HSE Manager explained that the company had assessed all of the resources it provides for certification in light of the benefits it receives and determined that the company could still do well without the external certification.

Certification has been considered as a public and commercial statement of good business management. Certification is also required as a minimum requirement to qualify for tenders for government works. But certification has also been seen as a costly and disruptive burden. This perception has strengthened as new regulators have imposed compliance requirements that are usually satisfied through external or third-party audits. This auditing complexity has sometimes been mentioned in the context of the “red tape” debate.

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Beyondblue’s latest research report is too narrow

Beyondblue has just released a report into the cost of mental health in the workplace prepared by PricewaterhouseCoopers (PwC) and called “Creating a mentally healthy workplace – Return on investment analysis“. The report is interesting but of limited use for those looking for ways to make their own workplaces safer and healthier with minimal cost. The Beyondblue media release claims

“… that Australian businesses will receive an average return of $2.30 for every $1 they invest in effective workplace mental health strategies.

The research, which looked at the impact of employees’ mental health conditions on productivity, participation and compensation claims, also found these conditions cost Australian employers at least $10.9 billion a year.”

The first claim looks attractive but achieving such a return is unlikely unless the company includes the following:

“commitment from organisational leaders,
employee participation,
development and implementation of policies,
provision of the necessary resources, and
a sustainable approach.” (page iv)

The best chance for the return on investment (ROI) will likely occur in a company that has an enlightened management, “necessary resources” and a leadership that is already likely to have mental health and a safe organisational culture on its agenda. This is a rare combination which limits the application of the PwC report findings.

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How can an OHS regulator get the management of its own staff so wrong?

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The voice of OHS is being reduced to a squeak

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Important safety perspectives from outside the OHS establishment

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Safe Work Method Statements – their role, their use and their curse

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Poor editing could increase confusion on workplace bullying

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Australian company dumps triple certification as unnecessary

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Beyondblue’s latest research report is too narrow

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