ACTU Congress’ draft OHS policies deserve serious analysis

Pages from draft-2015-actu-congress-policies-2015-consolidatedThe Australian Council of Trade Unions (ACTU) commences its 2015 Congress this week.  Each year around 800 trade union delegates meet to discuss changes to policies and to develop or refine strategies. This year the ACTU released its draft policies publicly prior to the Congress.  These policies have a long and strong historical and industrial relations context.  Occupational health and safety (OHS) is an important part of these policies and should spark discussions in the union movement and the OHS profession.

Early in the document, the ACTU states its “bargaining agenda” in which is included

“better work, life and family balance.” (page 7)

Curiously, the ACTU has chosen “better” rather than “safe”.  Better is a more inclusive term but harder to define.  Better for whom?  Better could be better paid or more secure or safer.

Trade unionists often see OHS as being monitored and enforced through the mechanism of the Health and Safety Representatives (HSRs) and would argue that OHS is throughout all the draft policies due to the HSR role but there are more workplaces in Australia without HSRs than with and it is worth considering the policies as independent from the HSR structure, if that is possible..

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Don’t mention workplace bullying

Victoria’s Premier Daniel Andrews is involved in a, currently minor, political drama after he decided to stand down his Small Business Minister, Adem Somyurek, after allegations of workplace bullying. The drama is in its early days but some of the decisions and media comments are worthy of analysis, particularly as Premier Andrews seems to be avoiding using the term, workplace bullying.

The facts seem to be that the  Minister’s Chief of Staff, Dimity Paul, complained to the Premier about Somyurek’s “intimidating, aggressive and threatening” behaviour. The Premier stood the Minister down after a formal complaint was made to the Department of Premier and Cabinet which has generated an investigation.

This allegation has a lot of political connections as described in an article in The Age newspaper written by Farrah Tomazin, but there is little doubt that the allegation comes under the definition of workplace bullying as there have been mentions of a “pattern of behaviour” by the Minister. Tomazin wrote

“The alleged misconduct …. is said to have taken place over the past few months, and relates to a number of employees in his ministerial office…”

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Important OHS statements in Australia’s Parliament

On the eve of its 2015 Budget, the Australian Parliament was debating an increase in enforcement powers of the Fair Work Building and Construction inspectorate and the resurrection of the Australian Building and Construction Commission (ABCC).  Occupational health and safety (OHS) is rarely mentioned in these debates but not so on 11 May 2015.  Excerpts from yesterday’s safety-related comments are worth noting, particularly as no mainstream media has done so or is likely to..

Senator Cory Bernardi (Liberal Party) attacked a recent video from the Construction, Forestry, Mining and Energy Union (CFMEU) saying that

“For too long the unions have falsely cried safety as a lazy defence for their unlawful and unethical industrial conduct. They have cried wolf so often that they can no longer be believed.”

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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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Dignity and solemnity at Workers’ Memorial Day

The Victorian commemoration of International Workers Memorial Day has held on28 April 2015 and was a major improvement on previous memorials.  The politics was muted by the speakers.  There was no tray truck of angry unionists yelling through tannoys and heading off half way through the event to a protest rally that they see as more important than remembering the dead. There was a good level of dignity and solemnity …… finally.

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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.

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

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