Senator Abetz oversteps on workplace bullying claim

abetz.com.au - Joe McDonald 130314Anyone dealing with occupational health and safety (OHS), or in any profession, knows to be careful with one’s words in public.  This is particularly so when one is dealing with mental health issues or claims of workplace bullying.  This week Senator Eric Abetz, Australia’s Workplace Relations Minister, seems to have overstepped the mark by misrepresenting some Federal Court Orders as related to workplace bullying, when the Court made no such statement.  This could simply be dismissed as political hyperbole in the heat of the moment but this was no off-the-cuff remark.  He headlined his media release on 13 March 2014 as:

“Joe McDonald found guilty of workplace bullying – yet again. Bill Shorten must now act”.

According to Safe Work Australia, an organisation within Senator Abetz’s portfolio, workplace bullying is defined in the most recent national guide as

“repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.” (page 2)

Nowhere in the Federal Court orders*  is workplace bullying, or any other bullying, mentioned and the Federal Court has not found Joe McDonald guilty of workplace bullying. The best that can be said is that Joe McDonald has a history of intimidation on construction sites and that this has created tense relations between the workforce and employers (perhaps a confused safety culture) and generated delays in construction.

Does this all matter? Yes

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Coroner calls for fresh approach to OHS in small business

Ever since the UK Government reduced the occupational health and safety (OHS) obligations on small business, there have been concerns that a similar strategy could occur in Australia.  Of all the States in Australia, Victoria is the most likely to mirror the UK actions, particularly as its WorkSafe organisation continues with its restructuring and (ridiculous) rebranding, and Victoria’s conservative government continues to see OHS as a red tape issue for small business.  However a recent finding by the Queensland Coroner should be considered very seriously when thinking of OHS in small business.

In 2011 Adam Douglas Forster

” … came close to the rotating ball mill, then accidently (sic) became ensnared by the protruding bolts and was dragged underneath the ball mill which continued to rotate, thereby causing his fatal injuries.”

The inquest found

“There were no guards, barriers or other apparatus restricting access by any persons to the ball mill.” and

Forster “did not know how to turn the ball mill on or off”. Continue reading “Coroner calls for fresh approach to OHS in small business”

New Zealand trumps Australia on workplace bullying advice

Cover of workplace-bullying NZWorkSafe NZ has released “best practice guidelines” on workplace bullying.  Best practice is a nonsense term but this guide is a major step above similar guides in Australia, in particular.

Definitions

Guides always begin with definitions and the definition New Zealand has applied is the same as that in the recently released Australian workplace bullying guide but with a couple of odd semantic differences.  These variations should not have any effect on organisational changes required to prevent bullying but the variations are curious. Australia describes “unreasonable behaviour” the actions that generate the bullying as:

“…  behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.”

New Zealand’s definition is:

“…. actions that a reasonable person in the same circumstances would see as unreasonable. It includes victimising,  humiliating, intimidating or threatening a person.”

Is there a difference between actions and behaviours?  

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New industrial relations book does service to OHS (for a change)

It is common for industrial relations to be written about without any mention or serious analysis of occupational health and safety (OHS). But a new textbook on Australian industrial relations includes a very good chapter of OHS that, significantly, cross-references other chapters in the book to provide a unified approach that reflects both the title and its intent. The book is called “Australian Workplace Relations” and the workplace health and safety chapter is written by Elsa Underhill.

Underhill has written on the OHS effects of precarious employment extensively and this issue is the basis of her chapter.  She sees this as major cause of many of the OHS issues, particularly the growth in psychosocial risks in modern society and provides copious amounts of Australian and international research in support. Continue reading “New industrial relations book does service to OHS (for a change)”

Parliamentary inquiry discusses OHS but no one noticed

Australia’s politicians, trade unionists, businesses and media are gearing up for a tumultuous year in industrial relations with the controversial establishment of a Royal Commission into trade union corruption.  This royal commission is broad-ranging but targets the construction unions, particularly the Construction Forestry Mining and Energy Union (CFMEU) and thus the construction unions’ conduct with regard to allegedly using occupational health and safe as a cover or excuse for industrial action. This royal commission has a strong element of party politics and ideologies and has overshadowed other action in the Australian Parliament where OHS is being discussed.

On 6 February 2014 the Education and Employment References Committee of the Australian Senate continued its inquiry into the Government’s approach to re-establishing the Australian Building and Construction Commission (ABCC) through the Building and Construction Industry (Improving Productivity) Bill 2013.  One of the terms of reference for this inquiry is

“whether the provisions of the bills relating to occupational health and safety in the building and construction industry are adequate to protect the health and safety of employees and contractors in the industry”.

On February 6 the inquiry had some heated discussion on OHS and the construction industry that deserves a closer look.

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Missed opportunity for making the business case on safety culture

Cover of HSL culture documentRecently the UK’s Health and Safety Laboratory (HSL) released its second white paper on safety culture.  This paper is called “Making the Case for Culture” and outlines the three arguments for a workplace safety culture – legal, moral and financial – from which a safety business case can be built.  Financial seems to get the most attention but this is perhaps because it is the element that is argued the least and the one that can get the greatest attention from company executives.

The document seems a little thin but it could be put that the simplicity of the presentation in a booklet designed to provide safety culture guidance is an advantage.  It could also be argued that it is primarily a promotional pamphlet for the HSL’s very useful safety climate tool .

Continue reading “Missed opportunity for making the business case on safety culture”

Safety Culture can distract from safety management

Mohammad Rabbi has recently written that

“…safety culture is something that must permeate an entire organization. Its application largely depends on the investment, training, employee attitude, environment, location, laws, customs and practices in the industry.  So how can organizations go about developing a safety culture?”

He is right that any safety culture has a wide range of business and social contexts but the quote, and the article, Workplace Safety Culture 101, seems to miss a couple of contextual realities.  Many of these issues quoted appear to be basic elements of business and safety management and not dependent on safety culture programs.

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