Category: workers compensation

Differentiate the WorkCover and WorkSafe brands

Recently SafetyAtWorkBlog wrote:

“In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation.”

This misunderstanding also extends to the public.  Every so often, this blog receives comments from irate readers who express their frustration with “WorkSafe” or “Workcover”.  It is a frustration that is shared by many but the frustration is frequently aimed at the wrong target.  Most of the frustration stems from real or perceived injustice in the workers compensation system, but the criticism refers repeatedly to the OHS prevention and enforcement authority. Continue reading “Differentiate the WorkCover and WorkSafe brands”

UK’s approach to OHS reform is flawed by short-term political strategy

England’s Prime Minister, David Cameron, has described OHS as a “monster” in a speech to small business owners on 5 January 2012. It is important to note the PM’s comments prior to his monster reference that have not been repeated in the mainstream press. He refers to

“… a great big machine of health and safety that has built up over years.”

Cameron feels that he needs to address an OHS regulatory system and enforcement strategies that have become too complex for, particularly, small business to comply with. Part of his solution is to exempt the self-employed, in some specific sectors, from OHS laws. This is a questionable decision as it effectively establishes a two-tier safety management regime and sets a precedent for other similar sectors to lobby for an exemption from other, perceived, onerous laws.

It may be that OHS laws in the UK have become overly complicated over time but the role of the media must be considered in that it has focussed on many absurd managerial decisions that have resulted from a skewed understanding of OHS and risk. Frequently the media reports have no relation to OHS laws and all to do with an increasing litigious society and the pursuit of money through, potentially spurious, public liability insurance claims.

In the 5 January 2012 speech Cameron states that

“…the key about health and safety is not just the rules and the laws and the regulations – it is also the culture of fear many businesses have about health and safety.” (emphasis added)

Cameron explains his answer for reducing this fear of health and safety, the capping of fees that lawyers can earn from legal action against businesses on behalf of their clients, usually, employees. There is no fear of health and safety, it is a fear of litigation. Cameron is not on about OHS law reform, his concern is about “unnecessary” litigation costs. This is unlikely to be reduced by cutting the budget of the Health & Safety Executive (HSE) which must reduce services as the HSE resources have been contracting for some time. Continue reading “UK’s approach to OHS reform is flawed by short-term political strategy”

South Australia’s postponement of harmonisation shows the political weaknesses of the process

South Australia’s Parliament has delayed the introduction of its Work Health and Safety (WHS) Act until 2012 by postponing debate on the WHS Bill until February 2012.  The instigator for this action was the opposition (Liberal) parliamentarian, Rob Lucas, who SafetyAtWorkBlog has written about previously.

Lucas has issued a media release that states

“The Weatherill Government has continued to ignore the growing concern from industry organisations about the impact on housing affordability and the costs of doing business. Employer groups such as Business SA, the Housing Industry Association, Master Builders Association, Motor Traders Association, Australian Hotels Association, Civil Contractors Federation, Self Insurers of South Australia, and Independent Contractors Australia are all supporting significant amendments to the legislation…..

“It is also now clear there is no prospect of ‘harmonised’ work safety laws operation in all states and territories. Continue reading “South Australia’s postponement of harmonisation shows the political weaknesses of the process”

Australian OHS experts call for a single OHS regulator and a unified insurance system

Some of Australia’s top work health and safety experts have stressed, to Safe Work Australia, the need for a single national OHS regulator.  Many also called for a radical overhaul of workers’ compensation and insurance structures to achieve a combined insurance/compensation similar to that of New Zealand, the Accident Compensation Commission (ACC).

These calls were made in a  whole day workshop, conducted by Safe Work Australia on 30 August 2011, on the development of the next ten-year national OHS strategy.  This was the latest of around ten consultative sessions whose notes will be summarised and posted online.  The notes from an earlier seminar list the following discussion topics:

  • “The need to focus on work health and safety prevention.
  • Engagement with target groups and industries to ensure advice and support is relevant to enable them to effectively respond to hazards.
  • Engineering hazards out through good design.
  • Influencing the supply chain inside and outside Australia.
  • Prioritising key work health and safety hazards and focusing national attention.
  • Creating opportunities for innovation in work health and safety particularly within the regulatory framework.
  • Enhancing the culture of safety leadership (promoting highly reliable organisations).
  • The importance of safety culture.
  • Enhancing the capability of workers to return to work following accident or illness.
  • Influencing or assisting academia to undertake research – focusing on intervention effectiveness.
  • Developing a shared communication strategy to promote the new principles of the new Strategy.”

These echo many of the comments in today’s seminar and illustrate what was a major missed opportunity.  The theme of today’s workshop was to imagine what OHS (or work health and safety or work health safety & environment, as some suggested) will be like in 2022 but there were few futuristic suggestions.  This was the opportunity to extend some of the practices currently undertaken by ten years. Continue reading “Australian OHS experts call for a single OHS regulator and a unified insurance system”

The European experience with economic incentives for OHS improvements

Last decade the New South Wales government operated a “premium discount scheme” intended to reinvest workers’ compensation funds into preventative safety measures and programs.  Other OHS jurisdictions had a similar authority but chose not to apply it.  Since then economic safety incentives have not been on the political agenda. 

However this is not the case in other parts of the world.  In 2010, the European Agency of Safety and Health at Work undertook a review of economic incentives (“Economic incentives to improve occupational safety and health: a review from the European perspective”).  Those findings may be worth considering in light of some of the political changes on incentives in other areas of public policy, such as carbon taxes.

From outside the European Union, the comparative charts of member schemes are of less interest than the literature review and report conclusions.  The incentives that the report says have some positive benefits include

Targeting the most dangerous industries but not those with the most deaths

On 4 July 2011, WorkSafe Victoria released a media notice entitled “WorkSafe to target state’s most dangerous industries“.  (The title of the media release currently available on-line has been changed from “dangerous” to “risky”.)  Below are the industries that WorkSafe considers the most dangerous:

  • Food manufacturing and processing,
  • wood product manufacturing,
  • fabricated metal,
  • transport equipment manufacturing,
  • plastics and rubber manufacturing,
  • road transport,
  • warehousing and storage and
  • residential aged care services.

WorkSafe advised SafetyAtWorkBlog on 4 July, that these eight industries were chosen as the targets for an OHS enforcement blitz because in 2010 these sectors generated 7,075 workers’ compensation claims.  2,808 of the claims related to manual handling injuries. Continue reading “Targeting the most dangerous industries but not those with the most deaths”

The best workers’ compensation option is prevention.

The CEO of South Australia’s WorkCover Corporation, Rob Thomson, has participated in a long interview with the online newspaper inDaily on 1 June 2011.  In the article Thomson addresses many of the recent criticisms of his organisation and the sole WorkCover agent, Employers Mutual Limited, but a telling OHS comment occurs in the last couple of paragraphs of the article:

“He took a simplistic approach to changing the culture and performance of the corporation, he said.
“What I am really trying to say is you need to get the right medical treatment and support for people if they are injured, and the best option is prevention.
“To me prevention is ultimately what this is all about. The fewer claims there are, the better it is for the employer, the worker, the rest of society.”

It is very positive that a CEO emphasises the importance of preventing injuries and it will be very interesting to watch the prevention initiatives that the WorkCover Corporation instigates.  It is hoped that Rob Thomson is not thinking about the Commercial Kitchens Campaign that he recently launched.  Continue reading “The best workers’ compensation option is prevention.”

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