Will workers be safer through an expansion of Comcare?

At a recent breakfast seminar, Steve Bell of Herbert Smith Freehills mentioned that a Bill is with the Australian Senate that will open up the Comcare scheme to Australian businesses through the removal of the national competition test.  This move has been flagged for some time with several lawyers expressing reservations.  Bell mentioned this to the audience of OHS professionals as the law changes could present a substantial change to their operational knowledge base. The Bill is part of a larger debate on OHS.

In a July 2014 article, the Australian Lawyers Alliance (ALA) warned that:

“The proposed changes to Comcare will not only throw state and territory-based workers’ compensation schemes into fiscal chaos, but will also see injured workers left out in the cold,” ALA National President Geraldine Collins said.

“If this legislation is passed, employers may move their workers into the Comcare scheme, thus leaving huge holes of unfunded liability in state schemes which is likely to result in state-based premiums soaring.”

“Opening up the Comcare scheme will be disastrous for workers. Comcare has no meaningful access to common law damages for injuries caused by the negligence of an employer. The scheme is burdensome, paternalistic, and bureaucratic for workers and employers.  Its design means premiums have to go up unless benefits are slashed ,” Ms Collins said.

“Comcare also has no meaningful workplace health and safety regime.  Work environments will develop where lives are lost and permanently damaged with little oversight and enforcement of workplace health and safety.  It is a fundamentally flawed minimalist scheme.  Migration en masse will strike at the heart of the financial stability of state schemes, which are mostly running fairly,” Ms Collins said.”

Continue reading “Will workers be safer through an expansion of Comcare?”

Productivity Commission looks at workplace bullying – not really

The Australian Government has announced an inquiry into workplace relations through the Productivity Commission (PC). The most obvious occupational health and safety (OHS) element of this inquiry relates to workplace bullying which is discussed in the fourth of five issues papers released in January 2015. However the purposeful separation of workplace bullying actions through the Fair Work Commission (FWC) from actions in other sectors, such as OHS regulators, limits the potential impact of the inquiry on this issue.

The PC issues paper acknowledges the lack of the anticipated avalanche of anti-bullying applications and accepts that the structure of the FWC process may be partially responsible.  This lack of applications, an issue discussed

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Queensland’s workers’ compensation performance is “double plus good”

The Queensland Premier, Campbell Newman, called a “snap” election for the end of January 2015. On 11 January 2015, Newman tweeted:

“Queenslanders injured at work are covered by Australia’s strongest workers’ compensation scheme.”

This is a further example of political newspeak as what does a “strong” workers’ compensation scheme look like? Newman’s tweet included an image that provides some clarity to his claim.

LNP WC Twitter graphic Continue reading “Queensland’s workers’ compensation performance is “double plus good””

Political statements on OHS need to be tested

Today Australia’s Employment Minister, Senator Eric Abetz, released a statement concerning a change to the renewal of Comcare licences in the spirit of reducing business red tape but there are two mentions of workplace safety that are curious.

In the statement entitled “Comcare self-insurance licence change“, Senator Abetz has welcomed:

“…a reform that will see businesses save more than $1 million a year which can be reinvested in Work Health and Safety and jobs.”

and states

“This reform will reduce the regulatory burden, remove the cost of licence extensions in years two and four, and push back the costs of audit until year eight as well as ensure safer workplaces.”

The argument on reducing OHS red tape is that the cost savings can be reinvested into occupational health and safety measures but there seems to be no independent evidence to support this belief.

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AiGroup pushes for harmonised OHS laws during Victoria’s election campaign

Cover of Vic Pre-election statementLater this month, Victoria is conducting its regular State election.  Workplace safety has not been mentioned by any of the candidates but at least one industry association has mentioned occupational health and safety in its pre-election statement.  The Australian Industry Group (AiGroup) has recommended

“The next Victorian Government should immediately commit to the harmonised OHS laws as the state remains the only jurisdiction not to do so.” (page 5)

The AiGroup does not expand on the reasons for this recommendation other than seeing OHS has part of its general call for harmonisation and that it is part of “reducing costs of doing business”.  SafetyAtWorkBlog was able to fill in some of the AiGroup’s reasoning by talking, exclusively, with

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Finally some valuable and practical details on occupational health and safety programs

Earlier this month SafetyAtWorkBlog was critical of a (still yet to be released) guidebook on “Integrated approaches to worker health, safety and well-being”.  Specifically the case study information in the guidebook needed more depth and it was suggested that

“ This weakness could be compensated for through a strong campaign where the companies in the case studies speak about their experiences first-hand.”

The Victorian Workcover Authority (VWA) has redeemed itself slightly with a presentation by one of the case studies’ safety managers during the authority’s annual OHS week.  Murray Keen of ConnectEast provided a detailed list of the combination of safety and health programs the company has applied over the last few years.  Keen claims that these programs have contributed to the company having

  • no workers compensation claims since december 2009;
  • a much lower than average attrition rate in its call centre;
  • annual absenteeism of 4.6 days per person compared to a national average of between 8.75 and 9.2 days; and
  • only 4 first aid incidents for the 2013-14 financial year – no Lost Time Injury or Medical Treatment Injury.

Keen also told the audience that the company has granted him a year-on-year increase to his safety budget and when asked about the cost of the programs introduced he said that one workers compensation claim almost covered the cost of the safety program.

This level of detail is what the guidebook was lacking as it provided the information that many safety managers would need to make a case to their executives for support and resources.

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When developing a mental health/wellbeing plan, suicide should not be forgotten

Cover of MIC-Report-October-2014In developing harm reduction and prevention strategies, the occupational health and safety (OHS) profession likes to look at worst case scenarios on the understanding that dealing with an extreme event introduces mechanisms that deal with lesser events.  Partly this is a legacy of Bird’s Pyramid.  During this current month of attention on workplace mental health, the issue of work-related suicide is unavoidable as a worst case scenario for depression and mental ill-health.  There are several new pieces of data on work-related suicides that OHS professionals need to consider as part of their own professional development and to increase their organisational and operational relevance.

Mates In Construction

In October 2014, the Mates In Construction (MIC) program released a report on “The economic cost of suicide and suicide behaviour in the NSW construction industry and the impact of MATES in Construction suicide“. Below is a summary of some of its findings, in Australian Dollars:

“The average age of each suicide fatality among construction industry workers was 36.8 years and 37.7 years in QLD [Queensland] and NSW [New South Wales], respectively.”

“The average cost of a self-harm attempt resulting in a short-term absence from work is estimated at $925 in 2010 dollars.”

“Each self-harm attempt resulting in full incapacity is estimated at $2.78 million; and, each suicide attempt resulting in a fatality is estimated at $2.14 million”

“The key cost driver for full incapacity and a fatality is lost income, equivalent to 27.3 years productive years”

“Across all categories, the burden of cost associated with self-harm and suicide is borne largely by the government: 97% or $4.80 million of the total combined cost of $4.92 million.” (all in page 3)

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