SafeWork – Page 34 – SafetyAtWorkBlog

Cry of frustration in Industrial Manslaughter Bill

Over the last few months some in Australia’s trade union movement have renewed calls for the introduction of industrial manslaughter laws in various jurisdictions. The issue has appeared both on television and online.

Curiously the Australian Council of Trade Unions (ACTU) seems to have dropped the “industrial manslaughter” terminology it has used in the past. In a 28 April 2015 media release, the ACTU stated:

““Strengthening OHS laws to make negligent companies and individual directors liable sends a clear message to employers that they must ensure people are safe at work.”

and

“Current laws need to be strengthened so that companies and company directors are liable for our safety at work.”

It seems that the charge has been left to the South Australian Greens Parliamentarian,

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Podcast of interview on OHS reviews

The recent article into the review of SafeWorkSA caught the attention of the Your Rights at Night radio program and led to an interview on 9 April 2015. The podcast of that interview is now available online.

Audio Player

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Interviews are odd experiences, particularly when they are over the phone. Although there is a reason someone wants to talk with you, you usually do not know the questions beforehand.

For the interview above, I was in the bedroom, away from noises, with printed blog articles, media releases and OHS statistics across the pillows. I thought the spread of information was important to have at hand to make sure the information I provided was accurate but one can still get caught out when the pace of the interview has settled. The last question asked in the interview could have been answered better. Neither of the reviews announced have a fixed end date, regardless of what I said, in fact you can hear the shuffling of papers while I looked for the SA government’s media release. Oh well.

Kevin Jones

“The regulator should be respected, but not feared”

How different can occupational health and safety (OHS) regulators be? A review into WorkSafe Victoria was announced in February 2015 but the review into its equivalent in South Australia, SafeWorkSA, is more progressed and has released a public discussion paper entitled “Transforming Work Health and Safety Performance“. Its suggestions should be noted by James Mackenzie the reviewer of WorkSafe Victoria.

Maybe not surprising to many, the future is a reworking of the past.

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Master guide or handbook

In 2012, SafetyAtWorkBlog reviewed the first edition of the Australian Master Work Health and Safety Guide. CCH Wolters Kluwer has released its second edition and, sadly, it repeats many of the criticisms in the 2012 review.

The title of Australian Master Work Health and Safety Guide (2nd ed) seems inaccurate if one considers a book with “master ” in its title to be a “masterwork”. This is not a masterwork and the publishers have emphasised to SafetyAtWorkBlog that the book was never intended to be. The book is intended to be a brief outline of the most important contemporary occupational health and safety (OHS) issues in Australia and to provide practical advice, checklists and templates. In fact, the word that should be focussed on in the title is “guide”.

The publishers advised that “master” is in the title to indicate it is part of its “Master Series“, a “brilliant” series described as

“Australia’s premium range of professional books, widely accepted as the leaders in their fields.”

SafetyAtWorkBlog looked at a couple of chapters to assess the quality of the content. As workplace bullying is such a contentious issue. the Bullying and Violence chapter was a focus. There were a surprising number of omissions in this chapter.

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Sniping in social media raises issues about hydration

A spat has recently emerged on one of the safety discussion forums in Linkedin. The catalyst was a statement that

“60% of every Australian worker turns up for work unfit due to De-hydration“

The source of this data, not disclosed at the time of the original post, was a company that sells

“…a great tasting, scientifically proven mix of cutting-edge branch chain amino acids and low Gi carbohydrates for sustained energy release, combined with a formulated blend of electrolytes for optimum hydration in harsh Australian conditions”.

The discussion quickly refocused from the original safety concern to one of unreliability of statements; sadly the discussion also became personal and abusive. but the discussion raised two discussion points:

The reliability of statements on the internet, and
the issue of hydration and work performance.

Continue reading “Sniping in social media raises issues about hydration”

Should Australian safety professionals be certified?

On November 12 2014, the Safety Institute of Australia (SIA) conducted its first large seminar on the certification of occupational health and safety (OHS) professionals. The seminar had an odd mix of some audience members who were suspicious, others who were enthusiastic and presenters who were a little wary. There were few who seemed to object to certification but, as the SIA admitted, the process is a long way from complete.

Justification for Certification

Certification works when it is either mandated by government, usually through legislation, or in response to a community/business/market need. Australia does not seem to have either. The SIA explained that there is a “legal requirement” for OHS certification by placing it as part of the OHS due diligence obligations of Australian businesses, that Safe Work Australia (SWA) sort-of refers to it it in its National OHS Strategy and that the “Recommendation 161” of an unspecified international law:

“….calls for organisations to have access to “sufficient and appropriate expertise” as a basic right of all workers.”

There is no such Recommendation but there is an Occupational Health Services Convention, 1985 (No. 161)
Convention concerning Occupational Health Services (Entry into force: 17 Feb 1988) – a International Labour Organisation Convention that Australia has not ratified.

The SWA strategy repeatedly mentions the important of “health and safety capabilities” as a “national Action Area”. It specifies this action area as:

“Everyone in a workplace has the work health and safety capabilities they require.
Those providing work health and safety education, training and advice have the appropriate capabilities.
Inspectors and other staff of work health and safety regulators have the work health and safety capabilities to effectively perform their role.
Work health and safety skills development is integrated effectively into relevant education and training programs.” (page 9)

In the strategy’s chapter on Health and Safety Capabilities, SWA says:

“In a decade many existing workplace hazards will still be present and new ones will have appeared. It is particularly important that education and training enable those who provide professional or practical advice to competently deal with old and new hazards. Those who provide advice need to know when to refer the matter to others with appropriate expertise.” (page 12)

There is no mention of certification in the SWA strategy but the SWA is sympathetic to certification. Continue reading “Should Australian safety professionals be certified?”

What if “reasonably practicable” was applied to a disease outbreak?

There seems to be an increasing trend for the principles of occupational health and safety (OHS) to be applied to matters outside the workplace. OHS principles were created to reflect the values of society in the 1970s and 80s and, although the laws have changed to reflect economic needs, the principles remain basically the same. A major legal change has been the move away from preventing harm “at the source” to one of reasonable practicability and this can reduce the overall level of safety available to workers and others.

It is interesting to note that statements on the current Ebola outbreak argue the sense in dealing with the outbreak “at the source”. Why do we accept a reasonably practicable control measure for harm at work but expect a stronger preventative measure for public health threats? Shouldn’t we be aiming to reduce all harm “at the source” regardless of the type of harm? Continue reading “What if “reasonably practicable” was applied to a disease outbreak?”

Category: SafeWork

Cry of frustration in Industrial Manslaughter Bill

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Podcast of interview on OHS reviews

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“The regulator should be respected, but not feared”

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Master guide or handbook

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Should Australian safety professionals be certified?

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What if “reasonably practicable” was applied to a disease outbreak?

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