No code of practice for workplace bullying but hope remains

Ha01-037As the 1 January 2014 implementation date for new workplace bullying processes approaches there is an increasing amount of legal, HR, and safety seminars, and newsletters and alerts being produced.  Most reiterate the amendments to Australia’s Fair Work Act but occasionally there is additional information.

In a recent seminar, it was suggested that the draft Code of Practice for the Prevention and Management of Workplace Bullying, developed by Safe Work Australia, is to be released as a guidance note rather than a Code of Practice (see below).  Continue reading “No code of practice for workplace bullying but hope remains”

OHS as an industrial relations tool

Recently Queensland’s Attorney-General Jarrod Bleijie has been asserting that a review of union right-of-entry provisions is needed because unions have been using occupational health and safety (OHS) issues as an excuse for industrial relations (IR) action.  Such assertions have been made for decades in Australia to the extent they have become fact.  Below is an article looking at one of the sources of the Attorney-General’s assertions.

In a media statement dated 5 October 2013, Bleijie stated:

“For too long, we have seen construction unions using safety as an industrial weapon in this State… Quite frankly, their abuses of the current right of entry provisions are designed to bully contractors until they get their way. Sites are being hijacked and workers held to ransom.

“I have personally heard of stories from hard working Queenslanders who have been locked out of their workplace because of militant union activity.

“Earlier this year, a major contractor lost 42 days of work due to illegal strike activity in the first year of their enterprise agreement. This practice will end.”

Some of this statement was quoted in a Sunday Mail article on 6 October 2013 following the minister’s speech at an awards ceremony with the Master Builders. Like most political media statements there is a large amount of hyperbole but this article’s focus will be on the OHS elements of the statement.  Continue reading “OHS as an industrial relations tool”

Hundreds plead with government to save lives while those to blame beg for scrutiny

The article below has been written by Marian Macdonald and is about an event that I recently attended in Sydney about fall protection.

When a plumber perched on the rooftop of a skyscraper clips a safety harness onto the point that anchors him to the building, there’s a one-in-three chance the anchor itself is unsafe. Remarkably, the installers being held to blame are pleading for greater scrutiny of their work from the regulator.

SummitAudienceThe Working At Heights Association (WAHA), which represents fall prevention equipment installers, today sent a call to action submission (not available online)  to the Heads Of Workplace Safety Authorities (HWSA). It follows an industry crisis summit held last month where, with a sea of upstretched hands, hundreds packed into a stifling conference room demanded urgent action from governments. Continue reading “Hundreds plead with government to save lives while those to blame beg for scrutiny”

New political challenges for OHS in Australia

This weekend the Australian people voted for the conservative Liberal Party to be the next Federal government.   Workplace safety has been largely absent from the pre-election campaign but when it has been mentioned it has almost always been couched in terms of productivity.  In the next few years, workplace safety issues must be couched in terms of productivity to have any hope of gaining the ear of the new government and, particularly, the ear of Senator Eric Abetz, the most likely candidate for the ministry of workplace relations.

Workplace Bullying

Recent changes to workplace bullying laws which provide a prominent role of the Fair Work Commission are unlikely to be rolled back but Abetz has promised Continue reading “New political challenges for OHS in Australia”

One in three safety devices unfit to save lives

On September 3 2013 I will be on a panel in Sydney discussing issues associated with working at heights. Below is a media release (not yet available online) about the panel and some recent data on working at heights risks. The quotes are mine.

Inaction by policy makers is putting lives at risk and now, says a peak safety industry body, there are the numbers to prove it.

The Working At Heights Association (WAHA) will host a crisis summit on Tuesday at The Safety Show Sydney, where it will reveal that one in three roof anchors are unfit for use. Of the 3245 anchors audited by association members over the last three months, 2260 were deemed unusable.

Part of the problem, says WAHA secretary Gordon Cadzow, has been the lack of awareness of the number of inadequate safety systems on Australia’s rooftops.

Continue reading “One in three safety devices unfit to save lives”

One is never too young to learn about safety but we may be too old to change

Recently a colleague of mine expressed regret that occupational health and safety in Australia is no longer occupational. Occupational health and safety (OHS) established its parameters in its title but now most of Australia is bound to Work Health and Safety laws. Work is more than a workplace and so the discipline, the OHS profession, became more complex. Some would say that it has always been complex and that many OHS professionals failed to see the bigger picture, the broad social context of workplace health and safety.

Children 6582I was reminded of my colleague’s regrets when someone on a construction site recently asked for my opinion on some pictures of her son, at a childcare centre, hitting some nails into a block of wood. The boy (pictured right, at home) was wearing safety glasses, albeit a little large; the “work area” was separated from the rest of the children and the boy was supervised at all times by a child care worker. I was told that some of the parents had expressed concern that such an activity should not be happening in a childcare centre due to the potential risk to other children.

Continue reading “One is never too young to learn about safety but we may be too old to change”

Focus on Safety and compliance will come

Everyone wants clarity.  We want the comfort of knowing we are doing the right thing or that we are meeting the targets we and others set.  Workplace safety is no different but it has been complicated to an extent that clarity is unachievable and so uncertainty has come to dominate.

Occupational health and safety (OHS) consultants are often asked by business, small business in particular, “just tell us how to comply”.  Once upon a time this could be done but now the best a consultant can do is say something like “I reckon you’ll be okay, ……. if you follow through with the commitments needed, and keep your state of knowledge up to date, and take out as many liability insurances as you can, and become a member of an industry association ….and……..and…..”

The cult of “reasonably practicable” has been a major cause of this uncertainty but even prior to this was the move in Australia in the 1990s from a prescriptive regulatory structure to performance-based.

OHS compliance is now at the stage of the “best guess” or an “educated guess”, if one is lucky.  Continue reading “Focus on Safety and compliance will come”

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