[Updated 12 noon 12 June 2019]
Why do some companies accept or propose an Enforceable Undertaking in relation to breaches of occupational health and safety law? This media statement from WorkSafeNT dated June 7, 2019 illustrates one answer:
“Car Festivals Pty Ltd and the Northern Territory Major Events Company Pty Ltd committed to spend a combined $1.2 million in legally binding agreements, when it became clear NT WorkSafe was considering laying charges over the incident.” (emphasis added)
This reads like someone has calculated the potential cost (fines, etc) to the companies from an OHS prosecution and has opted for the cheaper option. And $1.2 million is a hefty financial commitment.
Effective consultation is a core element of building a functional safety management system in any workplace. This involves talking and listening. Various occupational health and safety (OHS) regulators have pushed this point in the past usually with static images of mouths and ears but WorkSafe New Zealand has released a series of videos in support of its existing”How you can use your mouth” campaign. Thankfully WorkSafeNZ has taken a leaf from the Air New Zealand book and used humour.
Of particular interest is the brief but importance emphasis on the role of the ethical bystander.
After writing a recent article about the relevance of occupational health and safety (OHS) laws to sporting clubs, I attended a sports medicine seminar to access a different perspective on workplace safety.
Having never played sports outside the obligatory high school activities, which in my high school also included snooker?!, the world of locker rooms and team sports is foreign. But earlier this week I learnt that where OHS professionals talk about productivity, sportspeople speak of performance, and where factories address line speed, sports physicians talk of load management. I also learnt that professional sportspeople are exempt from workers’ compensation.
There is no doubt that football fields are the workplaces of professional football players and their support staff. So they are covered by occupational health and safety (OHS) and/or work health and safety (WHS) laws but what does this mean in relation to OHS regulators, and the sportspeople’s employers? Recently Eric Windholz looked at this particular issue.
Windholz recently published “Professional Sport, Work Health and Safety Law and Reluctant Regulators” in which he states:
“The application of WHS law to professional sport is almost absent from practitioner and academic discourse. An examination of the websites of Australia’s WHS and sport regulators reveals none contains WHS guidance directed to professional sports.” (page 1, references are included in the paper)
The example he uses to show this apparent lack of interest, even by the Victorian OHS regulator, WorkSafe Victoria, is the Essendon Football Club supplements saga. Windholz writes
“Had these events occurred in the construction, manufacturing or transport industry, for example, it is difficult to imagine WHS regulators not intervening. Yet, WorkSafe Victoria initially was reluctant to investigate choosing to defer to ‘more appropriate bodies’. It only commenced an investigation when compelled by a request from a member of the public.” (page 2)
Workplace safety is rarely simple or easy. It has become a standard recommendation in Australia recently for quad bike riders to wear helmets. Quad bike manufacturers recommend the wearing of helmets and some OHS regulators are making it mandatory but this should not be the end of the safety discussion. The Weekly Times newspaper on 21 September 2011 describes the current arguments occurring over the type of helmet to be worn.
It is common for workplaces to experience disputes or discussions over personal protective equipment (PPE). These discussions are necessary to ensure that the best, the most suitable, PPE is used to control a hazard. Sometimes safety eyewear can be heat-resistant sunglasses, sometimes this should be goggles. Sometime head protection comes from a hard hat, sometime from a bump cap. PPE should never generate new hazards when trying to control another.
The current discussion indicates has arisen over the wearing of motorcycle-style helmets while following a herd of dairy cows during an Australian summer. Dairy farmers say that the wearing of helmets in these conditions is absurd and farmers will choose to ride quad bikes un-helmeted instead. Continue reading “Helmet debate misses the point of safe design”