Serious questions raised about the effectiveness of OHS enforcement strategies

Richard Johnstone is always worth reading as he writes perceptively about occupational health and safety (OHS) and its enforcement.  The new book from Baywood PublishingSafety or Profit” provides a chapter by Johnstone that argues:

“…that despite the rhetoric of stronger enforcement and more robust prosecution, the dominant ideology of work health and safety enforcement – ambivalence about whether work health and safety offenses are “really criminal” and viewing prosecution as a “last resort” in the enforcement armory – still dominates the approach of Australian work health and safety regulators.” (page 113)

The importance of Johnstone’s chapter is that he reminds us that much of the current OHS debate is circular and limited and fails to question the soft enforcement strategy that has existed since the

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Incident investigation findings should be shared

Accident reportMany people, and OHS professionals, complain about the lack of research in Australia into occupational health and safety issues.  Research is occurring but often this is inaccessible to companies, professionals and decision-makers due to unjustifiable costs for the articles and journals.  Yet there is OHS research, of a type, that can be done by any company should they choose to do so – incident investigation.

Individual investigation reports may only address one set of circumstances, those that led to an incident or, rarely but importantly, a near miss or a systems breach, but together these reports may identify a systemic problem or illustrate broader safer deficiencies in an industry sector.

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New book provides fresh context to OHS

SafetyAtWorkBlog regularly receives excellent review books from the New York publishing company, BaywoodPublishing.  The latest is entitled Safety or Profit? – International Studies in Governance, Change and the Work Environment.   I have yet to get beyond the introduction to the chapters by Australian academics on precarious workers (Quinlan) and the decriminalisation of OHS (Johnstone) but the introduction is fascinating.

The most fascinating is its discussion of Lord Robens’ Report of the Inquiry into Health and Safety at Work from 1973. The editors, Theo Nichols and David Walters, question the “major advance” many claimed for the Robens report by comparing it reviews 40 years earlier.  Nichols and Walters quote the conservatism that led to Robens seeing criminal law as being “largely irrelevant”, and legal sanctions being “counter to our philosophy”.  However, they do admit that Robens was prophetic on the growth of self-regulation and the duties of care.

Nichols and Walters also remind us that the Robens-inspired Health and Safety At Work Act of 1974 did not recommend the creation of Occupational Health and Safety (OHS) representatives.

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Media coverage on workplace bullying needs more depth and analysis

The Australian media has given workplace bullying the front page, probably because it is a slow news period and there have been no major disasters this Christmas period. However the coverage is of the new rules and opportunities for assistance offered by changes to the Fair Work Act that commence on 1 January 2014, rather than about prevention.

Most of the comments from the business groups in the article by The Age newspaper will be familiar from the last few months. Generally they object to what they see as red tape and increased regulation. Some also believe that workplace bullying should be handled through human resources rather than as an occupational health and safety (OHS) matter.

Red tape and unnecessary bureaucracy is a legitimate concern but one that, in large part, the business sector has allowed to happen. As discussed previously, much of the red tape originates from the risk management strategy of business where, when an issue or hazard cannot be eliminated or it is too difficult to try, insurance or liability protection is obtained. As others have said, too often the risk management of safety is corrupted to become risk management of legal issues. Continue reading “Media coverage on workplace bullying needs more depth and analysis”

OHS solutions promoted but not necessarily delivered

All professions need spokespeople or champions who can provide informative and, hopefully, authoritative commentary on topical matters within and beyond the profession.  Australia’s safety profession has never had such a spokesperson but recently the speakers’ bureau ICMI has packaged a selection of speakers who it thinks could be appropriate. The brief for Work Health Solutions focuses almost entirely on the issues of absenteeism, lost productivity, presenteeism and creating “a more enjoyable, friendly and less threatening environment” but will these speakers provide solutions to illnesses, injuries, amputations and diseases? Can these speakers provide the solutions implied in the program?

From the information on the program’s flyer, several of the speakers seem to be able to present stories about safety-gone-wrong. Theo Venter survived electrocution. Ian Johnson was seriously burned and speaks about the risks of confined spaces. Philip Smallman was a tree surgeon who became a paraplegic after a fall. Helen Fitzroy speaks of the impact of her husband’s workplace fatality.  John Tickell has spoken at several OHS conferences and has at least contributed to a book about OHS but others are tenuous. But ICMI is also promoting speakers who are primarily event hosts or Masters of Ceremonies and at least one of them generated complaints during a WorkSafe Victoria event several years ago for inappropriate comments about women. Continue reading “OHS solutions promoted but not necessarily delivered”

Sex, work, liability and safety

There is a constant tension between occupational health and safety (OHS) and workers compensation. OHS is intended to prevent harm and workers compensation is available for when harm cannot be, or has not been, prevented.  In Australia, these two elements of safety are administered by different organisations under different legislation but it is a distinction that baffles many.   The recent discussion about a sex-related workers compensation claim illustrates this bafflement to some degree.

This time last year Comcare filed an appeal over a Federal Court decision regarding

“A Commonwealth employee is seeking workers’ compensation for injuries sustained after a light fitting was pulled from the wall of a motel during sex, on a business trip.”

(A good summary of most of the legal proceedings is provided by Herbert Geer.)

The case has received wide media attention mostly for the salacious matter of the case, and some political attention, but the purpose of the appeal, according to Comcare, was

“… to seek a High Court ruling on the boundaries between private Continue reading “Sex, work, liability and safety”

Lovely chair that helps greatly but is only part of the solution

Figure 4A diagram of  safe posture at modern workstations has become iconic but it has also become a symbol of ergonomic misunderstanding.  There are assumptions behind the angular figure about the way modern workers work, the equipment used and the tasks undertaken.

Too often images, such as the one included here, are taken out of context.  The image is used as a shortcut to what is considered the “correct” way to sit.  The context, the risk assessments, the tasks undertaken, the location of the workstation – basically all of the OHS information included in the workplace safety guides is ignored.  People think “the picture has a tick of approval, so why read when the picture says enough”?

This week Steelcase, a one hundred year old company that originally constructed waste paper baskets, launched its Gesture chair.  The marketing of this chair is based on the discovery (?) of nine new postures in the workplace:

Continue reading “Lovely chair that helps greatly but is only part of the solution”

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