Workplace safety and the human condition

Articles and reports about decent work, dignity at work and mental health issues are increasingly appearing on my desktop.  Perhaps this indicates a convergence of perspectives to a better understanding of the human imperative in the modern workplace.  It may be a realisation of where and how work fits the human condition.

On May 1 2012, the Australian Catholic Social Justice Council (ACSJC) issued a pastoral letter on the “Dignity of Work“.  This came across my desk around the same time as I was looking at values-based safety.  The parallels between dignity and values-based safety were obvious.

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Is OHS harmonisation a dead parrot or is it just pining?

In The Australian newspaper on 3 April 2012, Judith Sloan presents a useful summary of the status of the OHS harmonisation process.  Many of her criticisms are valid but she has not realised that the new Work Health and Safety laws stopped being occupational health and safety laws some time ago.  It is easier to understand the proposed changes if one accepts that these laws have broadened beyond the workplace to operate more as public health and safety laws.

It is possible to accept Sloan’s assertion of the “demise”of OHS harmonisation but if seen in the light of an integrated public/workplace health and safety law, the harmonisation process may be a welcome beginning to a broader application of safety in public and occupational lives.

The acceptance of this interpretation provides very different comparisons and linkages.  For instance, the shopper tripping on a mat in the vegetable section of a supermarket was likely, in the past, to receive recompense through public liability insurance. Now it could equally be under OHS laws.  The regulation of potential legionella sources was through the Health Department, even though many of these are in workplaces and often affect workers first.  Should cooling towers have been assessed by hygienists or occupational hygienists?  Should these be managed under an employer’s OHS management system or through the facilities manager or landlord?
Continue reading “Is OHS harmonisation a dead parrot or is it just pining?”

The productivity debate in Australia misses the opportunities presented by wellbeing

At the moment Australian business is campaigning on the need to increase productivity rates in Australian workplaces.  It, with the recent support of some State governments and ideological colleagues, is seeking to achieve this by weakening the recent changes to the industrial relations structure encapsulated in the Fair Work Act.  Fair Work Australiatrade unions and industry associations are primarily focussed on the industrial relations elements of this ideological fight over productivity.
Evidence of the potential productivity and economic benefits of improved occupational health and safety has been missing in the debate yet it is this linkage that Dame Carol Black has been talking about recently in Australia.  It seems there is a keen audience for her perspective in Australia as she will be visiting the country four times in 2012.
At a recent OHS conference in Melbourne one speaker said some OHS positions in the United States are being renamed Occupational Health Productivity in recognition of the importance of wellbeing  in the OHS roles.  Renaming “wellbeing” as “productivity” provides a different context to OHS activities and should better gain senior executive attention as it would be easier to see how this activity fits with traditional operational thinking. Continue reading “The productivity debate in Australia misses the opportunities presented by wellbeing”

Disagreement on workplace bullying strategy increases in Australia

According to The Australian newspaper on 5 January 2012 the Australian Council of Trade Unions (ACTU) is extremely critical of Safe Work Australia’s draft Code of Practice on Workplace Bullying. The ACTU has said that the draft code has a “fundamental flaw”

“… the failure to address workplace bullying in the same framework as any other workplace hazard/risk.”

This is a significant challenge but without access to the ACTU submission on the draft code it is difficult to determine the exact context of this fundamental flaw.

Of more concern is the apparent move by the ACTU, according to The Australian, to have single instances of inappropriate behavior covered by the workplace bullying code. This is contrary to the bullying concept that only repeated instances of abuse should be considered bullying.

Regardless of this challenge to established definitions, it is very hard to see how such a situation could be enforced by either OHS representatives or OHS regulators. The regulators have struggled for years with the existing definition and could have no effective role in workplaces if the unions’ wishes were successful. Continue reading “Disagreement on workplace bullying strategy increases in Australia”

Lawyer says OHS harmonisation has become a shambles

The 28 December 2011 edition of the Australian Financial Review (AFR) (not available online) quotes Australian labour lawyer, Michael Tooma, talking about the harmonisation of workplace safety laws:

“It’s descended into a farce, a shambles – only four jurisdictions are ready for the laws.”

This seems supported by the words of the recently-appointed Workplace Relations Minister, Bill Shorten, who says that the new Occupational Health and Safety (OHS) laws will cover 58% of the workforce. This also equates to 42% NOT being covered – hardly a success for harmony.

Victoria’s WorkCover Minister, Gordon Rich-Phillips, continues to miss the point of national harmonisation by continuing to argue against harmonisation with parochialism. He says that the new laws are very likely to increase the regulatory and cost burden without acknowledging that Victoria has many prominent businesses who operate nationally and will incur increased compliance costs due to his delay in the implementation of the harmonised laws.

The AFR article implies that a major reason for objection is that senior executives, the ridiculously named “C-suite”, will face increased accountability for decisions that affect worker safety. Perhaps, but this increase has been coming for some time and should have been anticipated by the C-suite.

The article also implies that hesitation over these laws comes from the increased accountability of senior public servants and departmental heads. Tooma acknowledges this change:

“To date, heads of departments in the public service have never been able to be held criminally liable under federal laws.”

The public service is going to be a fierce battleground considering that psychosocial issues are so prevalent in this sector. It will be fascinating (and sad) to watch senior executives in government departments being prosecuted under OHS laws for workplace bullying, excessive workloads and the generation of stress. (The size of the challenge may be seen by recent bullying issues in the Australian emergency services, WorkSafe Victoria and WorkCover NSW)

The AFR has been one of the very few newspapers reporting on OHS harmonisation but, not surprising given its specialized readership, it has focused on the business costs of implementation. Rarely has it discussed the positive benefits to safety management or the potential increase in worker safety. Perhaps there are none.

There is little safety innovation in the new laws. If OHS is about preventing harm, these laws are no improvement on the previous.

But then safety has rarely come from laws but from how people react to, or apply, the laws. The debate on harmonisation has been missing the voice of the safety profession in Australia but perhaps that’s because there is nothing new to say. Perhaps the management of safety will not have any fundamental change. It may be that the only change is that the CEOs begin to listen to their OHS advisers. Let’s hope that is enough.

Kevin Jones

Work-related suicide gains some fresh media recognition

On 4 November 2011, Victoria’s 7.30 program broadcast a heart-rending story about the suicide of a woman who, her mother believes, took this action after suffering chronic pain due a work-related incident and being given insufficient support from her employer and workers’ compensation bodies.  The story of Rebecca Wallis (spelling uncertain) apparently generated sufficient communication to the Australian Broadcast Corporation for 7.30 to undertake a follow-up and more broad look at the relationship between workers compensation and suicide.

One of the people interviewed in the 11 November 2011 program was John Bottomley of the Creative Ministries Network.  Bottomley has published several research reports on work-related deaths and suicides.  The figures he mentions in the report, that around 30% of the work-related suicides identified in his research had a “work injury or work-related mental illness” as a contributory factor, are included in the online publication from 2002, “Work Factors in Suicide“.  What is not mentioned is another statistic in his report:

“Nine people (8%) were on workers’ compensation when they committed suicide.” (page iii) Continue reading “Work-related suicide gains some fresh media recognition”

Religious wisdom on workplace safety

It is rare to visit the Bible when thinking about occupational health and safety but this week Australia’s Uniting Church, its Creative Ministries Network and the United Voices trade union released a report on the working condition of shopping centre cleaners.  In the report “Cutting Corners” there are many references to the Bible’s and the Church’s thoughts and actions on labour issues.

For instance, according to the report:

“…God is ‘against those who oppress the hired workers in their wages, the widow and the orphan’ (Malachi 3:5).”

and

“…the Prophet Muhammad underlined the importance of the just wage by saying, ‘give the employee his wages before his sweat has had time to dry’.”

The Uniting Church has strong arguments to justify its involvement in social equity matters.

“Cutting Corners” was a broad report based on hundreds of telephone interviews with cleaners.  The major safety-related findings of the survey were:

“The key violations borne by shopping centre cleaners constitute a litany of injustices, from low rates of pay, pay that is not commensurate with their Continue reading “Religious wisdom on workplace safety”

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