WorkSafe – Page 63 – SafetyAtWorkBlog

Cath Bowtell jumps to federal politics

The current Executive Director of WorkSafe, Cath Bowtell, has confirmed that she will contest a seat in the Australian Parliament, according to The Age and AAP reports on 6 July 2010.

As previously stated, this move sets some challenges for WorkSafe Victoria. The Acting Executive Director following John Merritt’s departure, Stan Krpan, put in his notice shortly after Bowtell’s appointment was announce several months ago. It was rumoured that one of the labour law firms would snatch him up and although Steve Bell is establishing his own identity at Freehills, the firm lost a major brand advantage when Barry Sherriff left for Norton Rose.

There is no doubt that Bowtell fits the Labor Party needs of the Melbourne electorate but her departure must unsettle WorkSafe. It now needs to go through the recruitment process again just as the federal government’s OHS harmonisation program is hitting its second phase. WorkSafe’s HR people must be tossing up whether to choice another candidate with a strong social conscience but, barely hidden political ambitions, or to look again for an appointment from its own ranks.

Perhaps it needs to look to the small and sometimes dubious pool of Australian safety professionals. The profession itself is traditionally conservative but at least they may be ready to serve the principles of safety instead of self interest.

Perhaps, WorkSafe should look overseas. John Lacey, former President of UK’s Institute of Occupational Health & Safety, has been a regular visitor to Victoria for over a decade and maybe he could be induced to relocate, even for a 5 year contract. It would be tempting to look for candidates from outside the political circuits in Australia.

Kevin Jones

Safety needs to be seen to be more than politics

Any optimism that one may have felt over the appointment of Cath Bowtell as the executive director of WorkSafe Victoria may be very short-lived if the reports on the cover of The Age newspaper are to be believed. The Age reports that Cath Bowtell is the frontrunner for a seat in the Australian Parliament following the MP for Melbourne, Lindsay Tanner’s decision to not contest the upcoming federal election.

For those who want political discussions on the Labor Party machinations, this is not the right blog. IF Cath Bowtell enters the race for a Federal seat, what does this say about the position of WorkSafe’s executive director? Continue reading “Safety needs to be seen to be more than politics”

The advantages of integrated enforcement action

In the 1990s, WorkSafe Victoria (then the Occupational health and Safety Authority) coordinated Hazardous Chemicals Audit Teams (HCAT). I was one member of the administrative unit for HCAT. This coordinated approach to inspection and enforcement had substantial merit and was very effective as the Auditor-General found in 1995. I was reminded of this initiative by the simultaneous action taken by the Victorian Government against Mobil Australia, a subsidiary of ExxonMobil, on 3 June 2010.

The Environment Protection Authority (EPA) has

“…cancelled Mobil Refining Australia Pty Ltd’s accredited licence”.

The EPA media release quotes CEO John Merritt (formerly executive director of WorkSafe Victoria):

“In the absence of [an ongoing commitment to constantly improving their environmental performance], EPA has the power to cancel the accreditation…. EPA is less than impressed with Mobil’s track record in which there has been a number of incidents at the site all with the potential for environmental and community risk.

It is EPA’s belief that Mobil’s onsite practices have not demonstrated a high level of environmental performance to justify accreditation.” Continue reading “The advantages of integrated enforcement action”

What is the OHS “public interest”?

On 7 May 2010 Judge Lacava of the County Court of Victoria increased the $A25,000 fine applied to A Bending Company to $A75,000.

WorkSafe’s Acting Director for Health and Safety, Stan Krpan, said in a media release:

“The fact that the Director of Public Prosecutions [DPP] found the original penalty inadequate, and the increase in the fine on appeal, demonstrates the courts’ attitude towards health and safety offences.”

The DPP made the appeal to the County Court after a request for review of the original fine was made by WorkSafe Victoria. According to the judge’s decision (not yet available online):

“The appeal by the Director is made pursuant to section 84 of the Magistrates’ Court Act 1989. The section gives the Director the power to appeal to this Court “if satisfied that an appeal should be brought in the public interest“.” [emphasis added]

So how was the public interest served by increasing the fine by $A50,000? Continue reading “What is the OHS “public interest”?”

OHS needs plain language, consultation and corporate engagement

An earlier article today provided a reminder of a County Court judge’s criticism of OHS management-speak in a 2004 decision concerning the death of Robert Sergi on a rail bridge construction project near Geelong.

In response to some of the safety initiatives outlined to the Court by the lawyer for Leighton Contractors Ross Ray SC, Judge Gebhardt said:

“Mr Ray pointed to an array of safety initiatives introduced by his client and a welter of documentation was tendered.

I gained the impression from the documents tendered that some form of managerial “hocus pocus” bewitched the company which sought to satisfy the needs and interests of workers with hierarchical and self-serving layers of bureaucratic “bubble-squeak/’ what Mr Ray described as “complex speak”. When the language is destroyed, reality fades and there is no basis for sound and sensible communication. Workers are not instruments, but participants and conversation with them should occur on that basis.”

It is fair to expect that a judge would have come across a large amount of legal jargon through their career and that this could be an advantage in trying to translate management-speak but clearly, in the above situation, this is not the case. Continue reading “OHS needs plain language, consultation and corporate engagement”

Important OHS court decisions go unreported

On 20 May 2010 a Victorian magistrate fined an employer over $A500,000 following a workplace prosecution. Almost all of it went to charity, according to WorkSafe Victoria.

There are several issues raised by Magistrate Vandersteen’s decision:

Why to charity?
Why the particular charities?
Why not allocate the funds to OHS-related organisations or initiatives?
Why does the Magistrates’ Court not make court decisions publicly available?

The workplace incident that started this case was that in August 2008, a 40-year-old man had his arm ripped out of the socket when it became tangled in an unguarded post peeler. He was taken to hospital by an emergency ambulance helicopter where his life was saved. Continue reading “Important OHS court decisions go unreported”

Quad bike safety remains a hot topic in Australia

Prominent OHS unionist, Yossi Berger*, has attempted to place the issue of quad bike safety in the greater context of OHS In the latest issue of the Australian Workers’ Union’s Say Safety magazine (only available in hard copy).

Berger says that the current debate between safety advocates and vehicle manufacturers over quad bikes is the latest illustration of a debate that leads nowhere while workers continue to be injured and killed.

A current debate in Australia about quad bike safety

“…unfortunately looks like following a similar pattern. The use of this machine kills hundreds of riders around the world every year, and in Australia – occupationally – about 15 every year, mostly in farming. It looks like the entire discussion (for improvement) is going to develop into another description of how not to achieve fundamental OHS improvements.” Continue reading “Quad bike safety remains a hot topic in Australia”

Category: WorkSafe

Cath Bowtell jumps to federal politics

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Safety needs to be seen to be more than politics

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The advantages of integrated enforcement action

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What is the OHS “public interest”?

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OHS needs plain language, consultation and corporate engagement

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Important OHS court decisions go unreported

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Quad bike safety remains a hot topic in Australia

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