Australian Workplace Safety Bureau

There seems to be a growing community frustration with regulators who hesitate to prosecute about breaches of laws, including occupational health and safety (OHS) laws, and about options that sound reasonable, like Enforceable Undertakings, but still let businesses “off the hook”.  The calls for Industrial Manslaughter laws are the most obvious manifestations of the anger and frustration from perceived injustices.

But perhaps there was another way to achieve change in workplace safety, a way that could be based on a model that Australia and other countries already have.

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Why hazards are not reported

Each year thousands of people express support for International Workers Memorial Day and the World Day for Safety and Health at Work publicly and through social media.  This is a statement of their commitment to occupational health and safety (OHS) as well as a call to continue action in improving workplace health and safety.  However, this usually does not add to the state of knowledge on OHS.

This year there was a couple of contributions of information that may be useful.  Shine Lawyers released the findings of a recent survey (not yet available online) into why workers do not report workplace incidents. The survey was largely overlooked by the media, perhaps because the full survey results have not been released publicly.

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The wisdom of a farming Near Miss

Australia’s occupational health and safety (OHS) agenda seems largely dictated by high risk industries like construction in some States and the mining sector in others. But agriculture is common to all Australia States and is consistently included in the official and unofficial workplace fatality data. New research has been released into serious farm injuries and which voices are the most effective in improving the situation.

The level of risk in Australian farms is illustrated well by

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Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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“Just Culture – The Movie” – important case study

I was born outside Liverpool England well over 50 years ago and have lived on the other side of the world ever since.  I love hearing accents from Northern England as it reminds me of my relatives, my roots and, most of all, my Mother.  This meant that I had to watch Sidney Dekker‘s latest 30 minute documentary at least twice so that I paid attention to what was said rather than how.

“Just Culture – The Movie” (accessible through the YouTube share below) tells the story of the transformation from a divisive and unproductive blame culture to a just culture.  It is an important story because it is theory, concept and idea made real, and made real in an industry sector that has a complex organisational culture only partly explained by its funding model.

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Danger Money has been internalised

Late last century I worked in the Victorian Department of Labour as an administrative officer, at a time when award restructuring and “structural efficiency principles” were in full swing.  The existing awards often included a swathe of special allowances for activities like working at heights or picking up roadkill.  These allowances were commonly called “dirt money” or “danger money” and were largely eliminated or incorporated in the base rates of pay through the restructuring of awards.

The concept of “danger money” has disappeared from the formal industrial relations (IR) processes in Australia but is an important one to remember in the context of occupational health and safety (OHS), particularly as there are renewed calls for IR reforms in Australia.

Workers continue to accept high risk activities in response to higher rates of remuneration, as was recently discussed in another SafetyAtWorkBlog article.  Below is one take on “danger money”and the OHS attitudes of trade unions

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You have to be in it to influence it

Kevin Jones with Marie Boland in March 2018

The public submission process for Australia’s Independent Review of Work Health and Safety Laws closes today.  So finish up your draft and tell the Government what is working and what is not. BUT if you cannot finish the draft, do what I did, and contribute directly to the Review using its online (Engage) portal which will remain open until the end of May 2018.

Safe Work Australia has told SafetyAtWorkBlog that the Review continues to seek: 

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