Mixed messages on OHS and productivity

There is a clear link between the modern take on occupational health and safety (which includes psychosocial health) and productivity. However, there are seriously mixed messages coming from the Productivity Commission (PC) in its current inquiry into Australia’s Workplace Relations Framework.

In Senate Estimates on 3 June 2014 (draft Hansard), the Chair of the Productivity Commission, Peter Harris, and Assistant Commissioner, Ralph Lattimore, briefly discussed OHS.  Harris acknowledged that some of the submissions to the current inquiry discussed OHS matters (page 65) but Lattimore stated:

“….we did say that we would quarantine the inquiry away from workforce health and safety issues unless they were directly related to, say, enterprise bargaining or some feature of the relationship between employers and employees. We were aware of the large amount of regulation in that area, and we were not planning to revisit that.”

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Is OHS an invisible science?

On 1 June 2015 Australia’s Radio National broadcast a discussion about the future of work, in support of a Vivid Festival conference. Listening to the discussion through the prism of occupational health and safety (OHS) is an interesting experience as work/life balance is promoted as empowering the individual but, as we know in OHS, individuals often sacrifice their safety for income or deadlines or project demands, contrary to their legislative obligations. The workplace flexibility that many people seek allows the individual to manage the workload and develop or design the working environment. In other terms they establish an unregulated workplace. So what influence will OHS have in these new and emerging workplace configurations? Probably very little.

ABC’s

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Everyone wants a quick fix – OHS is no different

One of the professional disciplines that has had the biggest impact on occupational health and safety (OHS) management in Australia has been sociology but that influence seems to be waning as it fails to compete with the managerial imperative of short-termism and the quick fix.

This demand for a quick fix is partly a result of the increased sensitivity to reputational damage of both the organisation and the executive. This can be seen by the increasing attention to apparent solutions to safety problems of the individual worker, for instance, resilience training which is primarily about the individual toughening up.  Neuroplasticity has entered OHS by saying that the individual can reconfigure their brain to, somehow, work more safely. Of course, the ultimate short-term solution to most workplace problems has existed for years  – sack the worker.

All of this denies the organisational influence on workers, managers and executives because organisational change is hard and it takes time, both are challenges that do not fit with modern expectations of business.

One of the clearest examples of the inability or unwillingness of executives to improve OHS through organisational change is the management of

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New research on OHS business case

cover of business-case-for-safe-healthy-productive-workSafe Work Australia recently released its second research paper related to developing or communicating a business case for occupational health and safety (OHS).  The paper has been authored by Sharron O’Neill and is called “The Business Case for Safe, Healthy and Productive Work – Implications for resource allocation: Procurement, Contracting and infrastructure decisions“.  O’Neill’s paper clearly challenges the dominant thinking of OHS and costs.

O’Neill states that the quality of previous analyses of OHS business costs have been “fundamentally poor”, partly because

“Rather than strategically examining the cost-benefit to business of work health and safety, the typical ‘silo’-driven analysis produces a narrow focus on a very different concept; the cost-benefit to business of health and safety interventions. This has obscured much of the potential for improving  organisational productivity and operational decision-making.” (page 4, link added)

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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.”

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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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