The avoidance of accountability creates legislation

This week the Australian Chamber of Commerce and Industry (ACCI) released its submission to the Independent Review of Work Health and Safety Laws.  The submission deserves reading fully as it reflects many of the positions on and perspectives of occupational health and safety (OHS) of Australia’s major businesses and, not surprisingly, it has a lot to say about Industrial Manslaughter laws.

Comparing  ACCI’s objections to the earlier attempt to introduce similar laws in Victoria in 2002 illustrates how little progress has been made.

Recent lessons from other major incidents, especially through the work of Professor Andrew Hopkins, have also shown the consequences of not taking responsibility for OHS.  The power to counter the calls for Industrial Manslaughter laws is in the hands of those corporate leaders who accept this responsibility and work with it.

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Notification of mental health incidents

Australia’s entertainment and performing arts sector is gradually attending to the workplace mental health risks that are inherent, or have been shown to be problematic, in their industry. However it continues to operate in isolation rather than facing the reality and magnitude of the problems and the challenges facing lots of industries who have only recently discovered their psychosocial hazards.

The latest edition of Dance Australia magazine contains an interview with Chloe Dallimore,* President of Equity, a division of the Media Entertainment and Arts Alliance (MEAA), which illustrates the willingness to change, but still within limits.  Occupational health and safety (OHS) obligations are hardly mentioned, nor is the role of the OHS regulators.  Perhaps it is time to include mental health as a workplace incident or condition that should be notifiable under law.

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Why are we arguing about Industrial Manslaughter laws?

From left: Dave Brownlee, Janine Brownlee & Lana Cormie

On the issue of Industrial Manslaughter laws, Lana Cormie (pictured far right) said:

“Employers need to have motivation to do the right thing, ’cause clearly they don’t do it off their own back.  So, if that means, if this’ll be the difference between them making OH&S a high priority and not, then it needs to be done.  And I think all the other benefits for the men on the ground, and the women on the ground, will filter down from that.  “

Her comments on International Workers Memorial Day emphasises that the introduction of these laws is not so much about new laws but the failure of the existing ones and of their application.  Over time, the general commitment to implementing occupational health and safety (OHS) has declined in many workplaces or, at least, has not progressed in the way expected by the safety law makers of the 1970s and 1980s.

Government has relied on the increase of financial penalties as the major deterrent Continue reading “Why are we arguing about Industrial Manslaughter laws?”

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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Lessons in integrity and discipline

Australia’s occupational health and safety (OHS) profession was late to the process of certifying its members.  The Safety Institute of Australia (SIA) has been running its certification program for a couple of years so it is difficult to assess the benefit to members and the community but a critical element in any certification is the treatment of members who breach the Code of Ethics or Code of Conduct.  The revelations of corruption and misconduct from Australia’s Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry provide important lessons in integrity and fairness to all professions.

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Early WHS submissions are a mixed bag

The first lot of anonymous submissions to Australia’s Independent Review of Work Health and Safety Laws is an interesting mix.

One seems written by a regional paramedic calling for increased prescription of workplace first aid requirements. There are complaints about the contents of first aid kits which should have been addressed by the occupational health and safety (OHS) option of providing equipment to meet the results of a first aid needs analysis about which the submitter says:

“The recommendation to add additional items based on an appropriate risk assessment is almost, to my knowledge, never completed.”

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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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