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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New book provides fresh context to OHS

SafetyAtWorkBlog regularly receives excellent review books from the New York publishing company, BaywoodPublishing.  The latest is entitled Safety or Profit? – International Studies in Governance, Change and the Work Environment.   I have yet to get beyond the introduction to the chapters by Australian academics on precarious workers (Quinlan) and the decriminalisation of OHS (Johnstone) but the introduction is fascinating.

The most fascinating is its discussion of Lord Robens’ Report of the Inquiry into Health and Safety at Work from 1973. The editors, Theo Nichols and David Walters, question the “major advance” many claimed for the Robens report by comparing it reviews 40 years earlier.  Nichols and Walters quote the conservatism that led to Robens seeing criminal law as being “largely irrelevant”, and legal sanctions being “counter to our philosophy”.  However, they do admit that Robens was prophetic on the growth of self-regulation and the duties of care.

Nichols and Walters also remind us that the Robens-inspired Health and Safety At Work Act of 1974 did not recommend the creation of Occupational Health and Safety (OHS) representatives.

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Prediction on accountability and a political kick in the balls

Responsibility highlighted in greenThere will be two areas of occupational health and safety attention in the early months of 2014 in Australia – workplace bullying laws and the Royal Commission into Home Insulation Program.  The labour law firms are gearing up for a “bumper year” as one said prior to Christmas and the business groups are already lobbying/complaining/whingeing about the workplace bullying laws administered by the Fair Work Commission.  However the Royal Commission has the potential for the biggest social and ideological impact so, as the new year begins, I will attempt some predictions of the Royal Commission’s findings based around some of the terms of reference.

Substantial Change

‘the processes by which the Australian Government made decisions about the establishment and implementation of the Program, and the bases of those decisions, including how workplace health and safety and other risks relating to the Program were identified, assessed and managed;’

This paragraph is the one that could have the most long-term effect on governance, due diligence and procurement.  There are many suggestions on these issues in the sphere of project management but trying to keep the discussion in OHS, there are some useful comments on the Government procurement of services.  Australia’s Federal Safety Commission acknowledges that procurement is an important stage in project design.  WorkSafe Victoria’s “handbook for the public sector – health and safety in construction procurement” says

“As procurers, governments can promote better health and safety by requiring projects to include a range of safety measures, such as specifying the safety budget, building layout or the use of certain

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