Category: small business

Brodie’s Law on bullying needs more consideration for workplace application

Recent attention on the presentation of the Crimes Amendment (Bullying) Bill 2011 to the Victorian Parliament has, understandably, focussed on the changes to the criminal code. However some of that attention should also have been given to the existing rules and control measures under workplace law, particularly considering that the proposed amendments, commonly referred to as Brodie’s law, are being described in the context of workplace bullying.

WorkSafe Victoria’s 2005 guidance on workplace violence and bullying specifies what elements of the Crimes Act 1958 could be relevant to workplace bullying:

  • Intentionally or Recklessly Causing Serious Injury
  • Intentionally or Recklessly Causing Injury
  • Threats to Kill
  • Threats to Inflict Serious Injury
  • Stalking

The inclusion of the last item may surprise some who have been reading only the newspaper coverage of Brodie’s Law as there was a clear implication that the application of stalking to workplace bullying was new.

Law firm Clayton Utz reminds us that workplace bullying remains undefined in the Crimes Act and that the Bill

“… extends the definition of the pre-existing offence of stalking by expanding the definition of that offence to pick up the type of behaviours that are typical of workplace bullying.”

If the Bill passes the Victorian Parliament, the OHS regulator will need to amend its advice on workplace bullying to reflect the expanded definition of stalking. But as can be seen by the bullet points above, changes to guidance may be minor as stalking is already seen as a potential element of workplace bullying. Continue reading “Brodie’s Law on bullying needs more consideration for workplace application”

Beware OHS statistics quoted in media releases

On 6 April 2011, at the Safety In Action conference in Melbourne, the Safety Institute of Australia and the Australian Institute of Management released the findings of their 2011 Business Survey.  The 2010 survey was discussed in an earlier blog article.

SafetyAtWorkBlog was allowed to see a version of the survey results prior to their public release next week but according to the media release of 6 April:

“More than 40 per cent (41%) of the occupational health and safety (OHS) personnel surveyed did not believe their organisation had a ‘well entrenched OHS culture.’ That view was shared by a quarter of human resources (HR) personnel and senior managers involved in the survey. In contrast, just 11 per cent of CEOs and Board members held that view.

Furthermore, almost half of OHS personnel (49%) who participated in the survey believed that efforts to minimise Continue reading “Beware OHS statistics quoted in media releases”

Workplace safety challenges for the Coffice

What is a workplace?  In Australia, the easy answer is “wherever work takes place”.  This seems sensible and logical but think about it and the impact on businesses and community will be large.  The Sunday Age newspaper reports on one business that is setting down some ground rules for those who are running businesses from their cafe or, what the article describes as “coffices“. Continue reading “Workplace safety challenges for the Coffice”

OHS harmonisation to result in a substantial increase in costs to business

Australian lawyer Andrew Douglas has provided a frank assessment of the OHS harmonisation process instigated by the Australian government to reduce red tape and administrative costs of safety.  In Smart Company on 1 March 2011, Douglas wrote:

“…the Model Act, the regulations and documents that flow from it will dramatically increase state-based businesses legislative compliance, will massively increase the paperwork proving compliance and will inevitably lead to a substantial increase in costs to business in managing safety and OHS.”

Most State governments continue to support the harmonisation process, in almost all its elements, as a positive for business. So what’s the story here?

Andrew Douglas’ opinion needs serious consideration as it is one of the few contrary positions expressed to date. Continue reading “OHS harmonisation to result in a substantial increase in costs to business”

Graphic hazard video from WorkSafe BC

Graphic ads or videos from OHS regulators are not new but each has their own approach and WorkSafe BC has released one, in particular, that is of interest to the construction industry.

On first viewing, the conduct of the supervisor is annoying.  He provides inadequate information to the worker.  He approves of the wrong tool for the job.   Others may see nothing but a silly young worker. Continue reading “Graphic hazard video from WorkSafe BC”

NZ Farmers rep enters quad bike safety debate

An opinion piece was published in the New Zealand Herald on 12 January 2011 concerning quad bikes.  There are several points raised by Donald Aubrey, vice-president of Federated Farmers and chairman of the Agricultural Health and Safety Council that can be disputed.

“In the hands of the untrained or the over-confident they can be deadly. And quad bike safety is far from being a problem exclusive to the agricultural sector.”

From the outset Aubrey’s position is clear, the problem with quad bike safet is not design-related, it is lack of training and over-confidence.  Training for quad bike riding has existed for many years and injuries continue to occur.  At what point should more effective controls be introduced? Continue reading “NZ Farmers rep enters quad bike safety debate”

Rainbow windmill deaths continue to affect the local community

In March 2010, SafetyAtWorkBlog reported on the deaths of two farmers in the rural town of Rainbow in Victoria.  They died when a windmill they were transporting on a property made contact with overhead power lines.  The deaths continue to be a difficult topic of discussion throughout the Wimmera-Mallee, as I found out over the Christmas holiday season.

The coronial inquest into the deaths of John and Michael Helyar began in Horsham in November 2010 and will continue in April 2011.  Some of the inquest reports in the local newspaper make for harrowing reading but also provide an important insight into the decision-making process that occurs at the site of a workplace fatality and one that involves close friends.

The two articles are

Coronial inquest into tragedy at Rainbow, and

Inquest hears of agonising drama at Rainbow

Kevin Jones

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