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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Safety satisfaction survey surfaces in Safeguard

Australia’s independent review of the work health and safety laws is handicapped by performance criteria not being included in the original harmonisation process.  This lack of forethought is not unique and many infrastructure projects, in particular, fail to include research opportunities and priorities in the design of the project.  These omissions provide more significance to surveys of occupational health and safety (OHS) perceptions such as the report that was released (not yet available online) this week by Safeguard magazine in New Zealand and will feature in the magazine’s next edition.

The survey is based on responses from over 900 people and is the third annual

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iWitnessed tool holds promise for workplace safety

On April 3, 2018, the University of Sydney launched a new app

”to assist victims and witnesses record information in a way that can help with convictions and prevent miscarriages of justice”.

This immediately sparked my interest in using the app as a record of workplace incidents.

iWitnessed is intended as a tool to assist a person’s memory when confronted by an incident or a traumatic event.  The app steps you through the basic evidence-gathering questions of what happened, where, when, who was injured etc.  

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Pfeffer cuts through on OHS

“…if we truly care about human beings and their lives, including how long people live…. we need to first understand and then alter those workplace conditions that sicken and kill people” (page 25 – “Dying For A Paycheck”)

Jeffrey Pfeffer has been doing the rounds of the Safety and Human Resources conferences for some time, talking about “dying for a paycheck”.  This year he published a book of that title, a book that should be obligatory reading for occupational health and safety (OHS) professionals and, more importantly, company executives.

This book is one of the few that I have read from cover-to-cover and wanted to do so in as short a time as possible because I wanted to understand the big interconnected picture of business management and policy setting that Pfeffer discusses.

Pfeffer presents a lot of data packaged in a fresh and fascinating form but regularly complains about the lack of data.  One of the joys in the book is being tantalised by what data he presents but then being frustrated when realising that that is the extent of the data available.   Continue reading “Pfeffer cuts through on OHS”

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