How can one learn from OHS mistakes if those mistakes are hidden?

Occupational health and safety (OHS) regulatory agencies have existed for decades, originally with an enforcement role but increasingly aimed to prevention and education.  It is fair to say the “2nd generation” of OHS regulators in Australia appeared in the 1980s.  It is also fair to expect to be able to readily access the corporate memory and prosecutorial activity of the regulators, particularly since the growth in the Internet. Very recently WorkSafe Victoria reviewed its online database of OHS prosecutions excising prosecution summaries prior to 2012.  This decision is a major weakening of the “state of knowledge” about workplace safety in this State, a decision that some have described as outrageous.  How can one learn from mistakes if those mistakes are not made available?

Continue reading “How can one learn from OHS mistakes if those mistakes are hidden?”

OHS statistics sound good but do not reflect reality

SafetyAtWorkBlog has questioned the veracity of occupational health and safety statements by Victoria’s Assistant Treasurer, Gordon Rich-Phillips, previously.  Early in January 2013, Minister Rich-Phillips stated that:

“Victoria’s workplaces had the safest year on record in 2012…”

Victorian businesses, workers and policy-makers would benefit enormously if the government were to focus on achieving independent accurate data of workplace injury, illness and business costs instead of cherry picking statistics for political gain. Continue reading “OHS statistics sound good but do not reflect reality”

Red Tape Commissioner starts work on reform including OHS

Cover of RedTapeSOEGuidelines-Jan2013In Australia and the United Kingdom, workplace health and safety compliance has been considered a prominent element of allegations of business “Red Tape“.  On 21 January 2013, Victoria’s Treasurer, Kim Wells, announced new guidelines into red tape in that State’s government authorities and regulators.  Wells’ media release states:

“Stage one of the reform will focus on the Victorian WorkCover Authority (VWA), VicRoads, Environment Protection Authority, Consumer Affairs Victoria and the Victorian Commission for Gambling and Liquor Regulation.” [emphasis added]

Wells also says that the Red Tape Commissioner, John Lloyd, will administer the system which runs like this:

“Ministers will issue statements of expectations to key regulators which will require them to outline by 1 July 2013 how they intend to reduce red tape. Our aim is to see regulators reduce the cost of high-impact or high- Continue reading “Red Tape Commissioner starts work on reform including OHS”

First look at Australia’s workplace bullying report

Australia’s Parliamentary Inquiry into Workplace Bullying has released its report that includes 23 recommendations and a dissenting report from the Coalition (conservative) committee members.

The first recommendation that most will look forward is the latest workplace bullying definition. The committee suggests:

“repeated, unreasonable behaviour directed towards a worker or group of workers, that creates a risk to health and safety”.

This is no great shake from most of the previous definitions but illustrates further the isolation of Victoria from nationally harmonised work health and safety laws as WorkSafe Victoria’s preferred definition is

“… persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety.”

Regardless of which definition is “better”, Victoria will be further out-of-sync.

The Committee also recommends the Government

“develop a national advisory service that provides practical and operational advice on what does and does not constitute workplace bullying..”

This is sorely needed and will relieve State OHS regulators of the pressure and the resources. No timeline is mentioned but it is likely that the Federal Government will move to establish such a service quickly, as the recommendation is not surprising.

However, the opposition political mantra for any government initiative is how it will be funded. Continue reading “First look at Australia’s workplace bullying report”

The safety role of the Construction Compliance Code Unit

Recently SafetyAtWorkBlog was able to spend some time with the Director of the Victorian Government’s Construction Compliance Code Unit (CCCU), Nigel Hadgkiss. The CCCU and Hadgkiss have been in the Victorian media recently in terms of the CCCU investigation of industrial relations matters in several Grocon construction projects and some discussions with LendLease but an often overlooked, yet significant, element of the Construction Compliance Code is the occupational health and safety obligations. The CCCU has been working on early drafts of a Health and Safety Management Plan (HSMP) with which all those operating under the Code will need to comply.

Many of the questions SafetyAtWorkBlog posed stemmed from a presentation Hadgkiss made at a breakfast seminar on which SafetyAtWorkBlog previously wrote. That article is recommended for background and context.

Nigel Hadgkiss advised that since 1 July 2012 71 companies and associated companies have “signed up” to the Compliance Code with a full awareness that OHS is a key element of compliance.

OHS obligations of unsuccessful tenderers

The Code requires companies tendering for Victorian Government construction work to follow specific OHS obligations, whether they are the successful tenderers or not. In some ways this seem unfair.

Hadgkiss believes that the tenderers to government contracts are well aware of the safety obligations from the outset. From that point they are contractually bound whether they are successful or not.

Continue reading “The safety role of the Construction Compliance Code Unit”

Increased productivity and dignity at work are achievable

David Yamada, in his blog Minding the Workplace, states that

“the more we can get the concept of human dignity into our everyday discussions of work, the better.”

SafetyAtWorkBlog is a supporter of dignity at work and it is heartening to see that the concept is being discussed globally.  Dignity, as an activator for change, seems to be a missing element in not only The Hedgehog Review but also very recently released reports, OHS guidances and Australia’s debate on productivity.

The Australian Human Rights Commission released a report last week about sexual discrimination called Working Without Fear.  A quick word search for “dignity” shows no results, nor do searches for “bully” or “bullying”.  This is disappointing but perhaps should not be a surprise as this report indicates again that the Australian Government considers sexual discrimination and workplace bullying to be separate issues although lawyers and the media often overlap the two.

The Working Without Fear report, based on a large telephone survey concludes that

“…. targets of sexual harassment are most likely to be women and less than 40 years of age. Consistent with previous surveys, the 2012 National Survey also shows that the harassers are most likely to be male co-workers, though women were at least five times more likely than men to have been harassed by a boss or employer. Men Continue reading “Increased productivity and dignity at work are achievable”

Challenges for WorkSafe Victoria at WorkSafe Week

As part of the annual WorkSafe Week, WorkSafe‘s Ian Forsyth presented the organisation’s OHS strategy to a large crowd at the Melbourne Convention Centre on 28 October 2012.

Harmonisation

Clearly Forsyth anticipated questions about the Victorian Government’s decision not to implement the model Work Health and Safety laws that will exist in all but two States and territories from 1 January 2013. He stressed that the government is adamant that the WHS laws will not be introduced “in the foreseeable future” and therefore Victorians need to refocus on compliance with the existing Victorian laws. He effectively shutdown any discussion on those laws before they started. The laws are off the Victorian table so let’s start working with what we have.

His stance has great significance for Victorian businesses and almost projected isolationism as a positive move. Part of his, familiar, justification was that the model WHS laws were based largely on the Victorian occupational health and safety laws and so there is little need to change, particular if the change would increase the regulatory cost burden to Victorian businesses. Continue reading “Challenges for WorkSafe Victoria at WorkSafe Week”

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