WorkCover – Page 12 – SafetyAtWorkBlog

One person’s red tape is another’s due diligence

Australian business is soon to be required to apply the concept of “due diligence” to occupational health and safety. One would have expected the agency that is coordinating the changes to provide detailed guidance on what is expected from “due diligence”. That is not the case and so, inevitably, lawyers have stepped in (some stepped in some time ago).

Part of the due diligence obligation is that it is necessary to “verify… compliance with the business’ safety obligations” and this is unavoidably achieved by audits and subsequent paperwork. In fact, paperwork is a vital element of support for “evidence-based decision-making”. So it is with some concern that one sees the New South Wales WorkCover Authority is number three on the NSW Business Chamber’s list of “top 5 red tape offenders”(?), released on 9 March 2011 . Continue reading “One person’s red tape is another’s due diligence”

Telling is better than being exposed

Many OHS laws place obligations on employers to notify regulators ( ) of any particularly serious (often defined) incidents. In many jurisdictions regulators are sometimes informed of work-related hospital admissions, for instance, even if employers do not notify. But there is substantial benefit in notifying the regulators early.

Anecdotal evidence shows that by facing up to the reality that an incident has occurred is less costly in the long term as this shows that one is aware of one’s OHS obligations and willing to apply them.

The wisdom of reporting incidents in a timely manner is perhaps illustrated by a 17 December 2010 article in The Age newspaper. It is rumoured that incidents involving apprentice tiler Kane Ammerlaan may not have been reported to the OHS regulator in Victoria, WorkSafe.

Prompt reporting may not have been able to improve Ammerlaan’s situation relating to the fall but investigations into this possibly life-changing incident could have begun much earlier, and when evidence was easier to collate.

Ammerlaan also alleges that:

‘Through my six weeks I was constantly abused. There was a lot of verbal abuse; they’d throw stuff at me; I was shot with a nail gun on a few occasions.”

This may raise, yet again, the safety issue of the treatment of young workers and apprentices; an issue on which the community seems to require regular reminding.

Kevin Jones

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation. Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”. The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient. Taking the election context away for a moment indicates a challenge for those anti-bullying advocates. Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge. In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform. Continue reading “Election failure, missed opportunities on bullying”

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.

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

Western Australia

South Australia

Kevin Jones

WorkCover and Suicides

In response to a recent post about Workplace Suicides, Rosemary McKenzie-Ferguson provided a lengthy comment that I believe deserves a post of its own:

The hardest funeral to say “a few words” at is the funeral of a suicide victim.

The hardest thing to do is look into the hearts of the family and friends of the person in the coffin and try to find a glimmer of hope to gift them to hold onto.

The hardest thing to cope with is knowing that the loved one in the coffin held onto life with both hands until the harshness of life within the WorkCover system became too much to cope with. Continue reading “WorkCover and Suicides”

Death at work differs from work-related death

Often immediately following an incident, the safety manager receives a brief phone call “There’s been an accident.” Information is scarce and, in my experience, often wrong or more fairly inadequate. in OHS there will always be an assumption that an injury or death is work-related as that is our patch but people die every day and they can die anywhere, even in your workplace. Is this a workplace incident? Yes. Is it an occupational incident? not necessarily.

It is vital in those first moments of confusion and panic, not to jump to conclusions and rush out to the incident site. If it is your responsibility you will become involved but often, by asking a few simple questions, you are able to avoid this confusion and avoid worsening the situation by “butting in” where you are not needed.

I was reminded of this when reading about a coronial inquest into two suicides that occurred at an Australian shooting range in October 2008. These two incidents occurred at a workplace but not from work-related activities. There may have been some workplace management issues that, in hindsight, relate to supervision or security but these are the type of issues that the Coroner will investigate.

The deaths are reportable to the OHS regulators as they occurred on a workplace but it is unlikely that the regulator will put a lot of resources into the investigation given the Police and Coroner are investigating.

Social change through worker dignity

The need for food parcels for those on workers’ compensation seems to continue in South Australia according to a 3 July 2010 report in Adelaide Advertiser. SafetyAtWorkBlog mentioned the service being offered by Rosemary Mackenzie-Ferguson and others in March 2010.

There are many areas of society that are supported by privately provided social services and this situation is likely to persist but just as soup kitchens illustrate a problem of poverty, so the food service mentioned above indicates a problem with workers’ compensation.

As each Australian state reviews its workers’ compensation laws ahead of a national harmonisation, it seems absurd to focus on the laws but not on the social impacts of those laws. It is common to refer to a “whole-of-government” approach to issues but “whole-of-society” seems to be a slower concept to embrace.

Much is being made in Australia’s OHS harmonisation process of the need to look at the enforcement policies that support new legislation. There is also a (flawed) reliance on Courts to provide clarity to the legislation rather than producing clear laws in the first place. But rarely does government look beyond the law, the Courts, or the enforcement policies to assess the potentially negative social impacts of the OHS and workers’ compensation laws. Continue reading “Social change through worker dignity”

Category: WorkCover

One person’s red tape is another’s due diligence

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Telling is better than being exposed

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Election failure, missed opportunities on bullying

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Australia’s Safety Week

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WorkCover and Suicides

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Death at work differs from work-related death

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Social change through worker dignity

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