Do workers have a real choice about their safety?

I apologise for spending so much time recently writing about Industrial Manslaughter (IM) laws, but the discussion of these laws is illustrating many of the interpretations of occupational health and safety (OHS) laws and management.  For instance, the recent IM debate in Victoria has repeatedly mentioned the need to apply IM laws to the acts and decisions of employees, as if employees have an unfettered choice to put their safety before the wishes of their employer – a nonsensical myth.

On November 26 2019 in Victoria’s Parliament Rod Barton MP of the Transport Matters Party acknowledged that the IM laws may focus the employer’s attention on ensuring truck drivers do not work while fatigued (an obligation already required by the OHS Act).  He then said:

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What is needed is a discussion of the “safe system of business”

By the time you read this, one of Australia’s States may have Industrial Manslaughter laws. One sad part of all of the IM argy-bargy is that it has focused on the penalty of going to jail rather than on the enhancement of occupational health and safety (OHS) which can prevent harm. Part of this seems to be because people are uncertain how to talk about OHS. For instance, some arguing against IM laws have started talking about making these laws fair. But fair to who?

Recently the Australian Industry Group released a media statement titled “Industrial manslaughter legislation must be fair“. Firstly, although the IM Bill is a piece of legislation, it is not an Act or Regulation in itself. It is an amendment to the existing OHS Act. But this Act and its Duties hardly gets discussed in the current debate, which is a bit curious but convenient.

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Froth and bubble replaced with sensible discussion

A recent court case over workers’ compensation gained a great deal of media attention in Australia because the case related to the employment status of a contestant on a reality television show. (Outside of workplace deaths the last media occupational health and safety (OHS) frenzy concerns a public servant being injured during sex.) Commentators left and right were both chuckling at the latest court decision and being alarmist about it setting a precedent. Finally a newspaper and online article has spoken of the case sensibly.

Nicole Prince, an OHS professional, competed in a reality program about house renovations. She and her partner were portrayed on the show as the nasty couple, a role that most reality TV shows look for and/or create. After leaving the show, Prince argued that she could be considered an employee of the broadcaster, Channel 7, and so was entitled to workers compensation for the psychological distress that resulted from her treatment by Channel 7, and especially on social media.

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How much is safety a choice?

Some time ago I had a run-in with a worker who repeatedly chose not to wear his hard hat.  He reasoned that as there were no overhead or head-high hazards in the work area the personal protective equipment (PPE) was not necessary.  He applied what some would call a risk-based decision and he was right.  But the worker was dismissed from the project (not by me) over his decision and because of his belligerence and verbal abuse over the matter.  The reality was that he showed disrespect to his employer (a subcontractor) and disregard to the safety rules of the contractor thereby eroding the safety culture that the contractor was trying to establish and maintain in order to, ultimately, satisfy the client.

Melbourne, Victoria, Australia, September 8, 2018: Many road workers in orange vests are working on a busy inner city street. Source: istockphoto

There has been an increasing amount of discussion in the occupational health and safety (OHS) sector about trust.  There is little chance of achieving any change in a workplace without first of all establishing trust between the stakeholders, or at least a little bit of trust. But part of this trust is also respect. And part of this trust is that it should be earned… by everyone. Continue reading “How much is safety a choice?”

New Zealand leads on wellbeing

A couple of months ago, SafetyAtWorkBlog mentioned New Zealand’s Wellbeing Budget. Last week a representative of the NZ Treasury, Ruth Shinoda, spoke about it from direct experience in Melbourne at the 7th Global Healthy Workplace Summit. The Wellbeing Budget and a complimentary Living Standard Framework provide important contrasts to how Australia is valuing the healthy and safety of its citizens and workers.

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New book on a neglected area of OHS research

Helen Lingard and Ron Wakefield have published one of the few books to look at how occupational health and safety (OHS) is structured and managed in government-funded infrastructure projects in Australia. Their new book, “Integrating Health and Safety into Construction Project Management” is the culmination of over a decade’s research into this area. The book is both a summary of that research and a launching pad for designing OHS into future infrastructure projects.

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OHS of work vehicles starts to get national attention

One of the the most ignored areas of occupational health and safety (OHS) is the light commercial and fleet/company vehicles. This is changing in Australia, partly, because the former head of the Transport Workers Union, Tony Sheldon is now a Senator.

In Senate Estimates on October 23, 2019 (page 117 onwards), Senator Sheldon challenged the heads of Safe Work Australia on workplace vehicle safety. He posed a scenario in relation to the collection of injury/incident data:

“If you’re a truck driver and you’re operating for, say, a major retailer and you’re contracted to a transport company and your contract is as an owner-driver—you own your own rig—and you get injured whilst you’re out on the road and you get seriously injured, under what circumstances would that be included and under what circumstances would it not be included in your statistics for serious injury?”

Continue reading “OHS of work vehicles starts to get national attention”
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