risk – Page 176 – SafetyAtWorkBlog

Accuracy on OHS laws, services and products is essential

The following article illustrates how important it is for companies to maintain accuracy when writing a media release about safety laws. The internet allows for inaccuracies to become widely distributed and for these to gain some legitimacy through the re-publication on various OHS, magazine and news websites.

Asbestos Audits International issued a media release in early April 2012 stating the following:

“On January 1st, 2012, new Australian Model Health and Safety legislation came into effect dictating workplace buildings constructed before 2004 must have an asbestos audit. The legislation outlines building owners, building managers and property managers are responsible for these audits. Continue reading “Accuracy on OHS laws, services and products is essential”

Australian union campaigns on mine safety using Pike River mother

Recently SafetyAtWorkBlog suggested the need for a new approach to OHS advertising. Around the same time the Construction Forestry Mining & Energy Union (CFMEU) launched the latest stage of its lobbying campaign against one of Australia’s largest mining companies, and a longtime target for unions, BHP BIlliton. This time the CFMEU connects the Pike River mining disaster with the safety performance of BHP Billiton; in some ways, an unfair connection.

A new approach to OHS advertisements is required in Australia

Workcover NSW should be supported in its new advertising campaign “Here to Help”. Two ads are currently available on-line and are embedded below. What is surprising is that OHS regulators still feel the need to create new awareness-raising campaigns rather than providing examples of the consequences of non-compliance.

It may be unfair to criticise an OHS regulator for an advertising campaign that raises the awareness of the need for safety, particularly if that ad is only the most visible element of a new enforcement strategy but it would be refreshing to see a different type of ad, one that speaks directly to business owners, with perhaps a similar one to workers.

What I see is an advertisement similar to the famous Yul Brynner anti-smoking ad but with a script similar to this:

[Close up of head and shoulders of a businessman facing the camera. Camera slowly pulls back as businessman speaks.] Continue reading “A new approach to OHS advertisements is required in Australia”

One industry sector continues to struggle with new OHS obligations

Some companies and industry sectors are struggling to cope with a major change to Australia’s occupational health and safety laws – the removal of the employer/employee relationship. One example of an industry struggling with the change is the sex industry, more specifically, the licensed brothels.

In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation. In Australia these are two separate sets of laws, administered, often, by different government agencies and through different mechanisms, even though to effectively manage workers business needs to operate as if the demarcation does not exist. Many industries and professionals also make the common mistake of believing that a judgement in one area of law applies to other areas.

For many years the brothel industry* in Victoria, in particular, has believed that a ruling by the Australian Taxation Office (ATO) – that sex workers (or sexual service providers, the preferred term by the brothel industry) are not employees of the brothels – also relates to the OHS laws. The argument goes that, as the ATO has said that no employment relationship exists for taxation purposes, there are no, or limited, OHS obligations on the brothel owners for the sexworkers. This is bollocks, has always been bollocks and I have personally advised representatives of the brothel industry over many years that it is bollocks but the misunderstanding persists. Sadly, this persistence could impede the progress of the brothel industry to comply with the new Work Health and Safety laws.

Continue reading “One industry sector continues to struggle with new OHS obligations”

An Australian research review blasts US quad bike research

In February 2012, the Institute for Safety, Compensation and Recovery Research (ISCRR) released a research report into the efficacy of crush protection devices (CPDs) on all-terrain vehicles or, more accurately, quad-bikes. The report summary states that

“Experimental tests conducted by the University of Southern Queensland indicate that the Quad Bar CPD is capable of either preventing a complete roll, or modifying the roll event to reduce the risk and severity of injury to the rider for both side roll and back flip scenarios. These results highlight the potential for CPDs such the Quad Bar to reduce rider injuries and fatalities resulting from low speed roll over incidents;”

Great news for the manufacturer of the Quad Bar. However the report is damning of some research into quad bike rollovers, particularly that which has been relied on by the quad bike manufacturers to resist the application of CPDs. Continue reading “An Australian research review blasts US quad bike research”

Han Solo – Risk Manager

“I have a really bad feeling about this“

In Star Wars, Han Solo and other major characters express their gut feeling about various situations. In traditional risk management parlance, that “gut feeling” would equate to subjectivity, an element of decision-making that needs to be minimised in risk management if not eliminated. This has been sought through various statistical analysis tools, risk nomograms and rational approaches to risk. But all decision-making has an element of the emotional, the subjective, the gut-feeling. This position was emphasised recently in a presentation in an OHS conference by Dr David Brooks who described risk management as an art as well as a science. Continue reading “Han Solo – Risk Manager”

The social context of OHS laws is being poorly handled

Australian lawyer Michael Tooma is mentioned regularly in the SafetyAtWorkBlog, mostly because Tooma is one of the few who consider workplace safety in the broader social context. In The Australian newspaper on 10 February 2012 Tooma wrote that new work health and safety laws being introduced in Australia present

“…a march … into the traditional heartland of the public safety, product safety and professional liability territory, and it brings with it a criminalisation of what was once an exclusively civil liability domain. The new laws did not invent this trend, they just perfected it.”

Right-wing commentators would jump on this and declare “nanny state” but it is vitally important to note that this trend of “protectionism”, or the “compensation culture” as described in the United Kingdom, did not originate in occupational health and safety (OHS) laws. The OHS profession, business operators and workers will need to learn to accommodate and manage this social trend that has been imposed.

Tooma writes that ”

“…we have not had a proper debate about the incursion of the laws into nontraditional areas and its impact on the resources of firms, regulators and ultimately work safety standards.”

The debate may already be over. Continue reading “The social context of OHS laws is being poorly handled”

Category: risk

Accuracy on OHS laws, services and products is essential

Like this:

Australian union campaigns on mine safety using Pike River mother

Like this:

A new approach to OHS advertisements is required in Australia

Like this:

One industry sector continues to struggle with new OHS obligations

Like this:

An Australian research review blasts US quad bike research

Like this:

Han Solo – Risk Manager

Like this:

The social context of OHS laws is being poorly handled

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: