Harmonious fragility or fragile harmony – OHS and politics in Australia

Less than 24 hours after mentioning the fragility of Australia’s OHS harmonisation process, confirmation comes from an unexpected source, Kristina Keneally, Premier of New South Wales (pictured right).  It would seem that Keneally’s decision to change her stance on OHS is more to do with a general package of industrial relations and, union-friendly, reforms, as reported in the Brisbane Times on 14 October 2010  (video available HERE). Yet she has stated that

“”We will not therefore introduce the model OHS legislation as it is currently drafted.”

The media has been quick of highlighting this new tension between State and Federal agendas.  Prime Minister Julia Gillard was asked about Keneally’s statements and responded:

“….I think the Keneally Government should honour the agreement it made. It had an extensive period of time to raise issues of concern – and indeed it did, through its Minister at the Workplace Relations Ministerial Council table. Issues were raised, issues were discussed. When you are reaching uniform laws, it is obvious that states and territories come with different perspectives. They’ve got their own laws. If no-one moves then you never get national uniformity.

So, yes, New South Wales raised issues along the way, but it accepted the outcomes and it signed the deal. We require the deal to be delivered.” Continue reading “Harmonious fragility or fragile harmony – OHS and politics in Australia”

Codes and Regulations prioritized in Australia’s harmonisation process

When the Australian Government began the process of reviewing OHS laws in order to achieve harmonisation, there was a fairly tight schedule for these reforms.  Draft OHS codes of practice and regulations were due in the second half of 2010.  The last public statement on these public comment documents was that drafts were due for release at the end of October.  The latest rumour is that some of the documents will be out around November 10.

It has been mentioned elsewhere that Safe Work Australia has missed a major public relations opportunity by not getting documents ready for release in its Safe Work Australia Week in late October, for it is guaranteed that all State OHS regulators will be badgered about the draft documents as Safe Work Australia Week events.

Codes

SafetyAtWorkBlog has learnt that many of the codes of practice and occupational health issues have been prioritized.  “Priority Codes” will include:

Small business OHS seems to be stalled

OHS research into why the small business sector does not “get” safety has been occurring in Australia for over ten years with some of the most useful being undertaken by Dr Claire Mayhew.  But the challenge, or problem, persists.

On 4 October 2010, WorkSafe Victoria released some information about an OHS blitz by inspectors on small businesses in Mildura, a rural town in the extreme northwest of Victoria.  In some ways, the tone of the media statement is a little defeatist or, at least, exasperated.

“Although we wrote to the businesses and told them we would be visiting, we still had to pull them up on a high number of health and safety issues,” Manufacturing and Logistics Director Ross Pilkington said.  “In many cases, the safety solutions were straightforward.” Continue reading “Small business OHS seems to be stalled”

Australia’s Safety Week

The last week of October each year is Safety Week in Australia.  It exists under different names in each State but everyone coordinates events for the same time each year.  Below are some  links for further information, some are more developed than others.

In 2009, I was a Safety Ambassador for Safe Work Australia and found that if one was prepared to give, the rewards were ten-fold.

If you are in Australia I strongly recommend attending one of the many free OHS information events.  If you are outside Australia, regularly check the Australia OHS regulator websites for some innovative approaches to safety and its promotion.

Queensland

Australia

Victoria

Tasmania

Australian Capital Territory (yes, the ACT has a month of activities)

Western Australia

South Australia

Kevin Jones

The cost of not having first aid

On 30 August 2010, WorkSafe Victoria released a media statement about a case in a Magistrates’ Court concerning the death of a worker.  Nothing new in that but in this case first aid gains a prominence that is rarely seen because in this case adequate first aid was not provided.  The uniqueness of the case justifies reproducing the media release in full:

“A Melbourne magistrate has described the failure of a Cheltenham company to seek first aid for a worker who hit his head and later died as ‘outrageous’.

Metal products manufacturer Pressfast Industries Pty Ltd was convicted and fined last week after a 2008 incident where a worker fell over and hit his head on concrete after being struck by a forklift.

The 60 year-old man was later found unconscious at work and died in hospital two days later.

“There was no qualified first aider on site, and the company failed to call an ambulance or seek first aid for the worker,” WorkSafe Victoria’s Strategic Programs Director Trevor Martin said. “The only staff member with first aid training was certified in 1984, and wasn’t alerted until it was too late,” he said.

In handing down his sentence, Magistrate Andrew Capell referred to the company’s decision not to seek help from the first aider, despite the expired certificate, as ‘outrageous’. Continue reading “The cost of not having first aid”

Are OHS inductions sound?

Mostly no.

Over the years I have experienced site safety inductions that have involved sitting in front of a television and video player in a shed and then telling the safety manager I watched the induction video and understood it.

I have sat in a site shed with a dozen others and endured an induction of scores of PowerPoint presentations and a questionnaire that was, almost, workshopped and did not represent any understanding of the work site’s OHS obligations.

There have been long inductions where there is a lot of information but no handbooks to take away or to refer to later.

There have been OHS inductions that have involved no more than  “there are the toilets, the tea room is over there and there’s a fire extinguisher here somewhere”.

Bad induction is an unforgiveable flaw in a company’s safety management system and clearly indicates a careless attitude of companies towards their employees’ and contractors’ safety.  The significance of induction should not be underestimated because it has two purposes – to establish a common state of knowledge of all workers on a site before one starts work and to have a reference point for investigations of any incidents. Continue reading “Are OHS inductions sound?”

Psychological advice on handling people that is broadly applicable

The latest edition of Lawyers Weekly includes an article ostensibly about managing bullies in the legal profession written by psychologist, Dr Chris Day.  The article provides some general tips, though, that are useful to any of us who need to make decisions refreshingly she reflects two options that I offer to my OHS clients on safety matters that do not include bullying.  Dr Day says that any problem can be solved by these actions

  1. “Leave…
  2. Change the situation…
  3. Accept the situation…
  4. Do nothing….”

Leave and change are included in the OHS Hierarchy of Control under different terminology.  Doing nothing is advice that few OHS consultants will give but is a strategy that many small businesses apply.  Their risk management strategy is to press their luck and in some cases this can work.   Continue reading “Psychological advice on handling people that is broadly applicable”

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