More safety indemnities offered but with similar limitations

In August-September 2012 a media release was circulated in Australia promoting an

“…an Australian industry first – leading construction & mining workplace safety provider RIS offers to indemnify operators against non compliance prosecution.”

This may be a first for RoofSafe Industrial Safety (RIS) but not for Australia.  SafetyAtWorkBlog has reported on a smaller but similar system that originated in the automotive repair industry.

RIS’ Syncron system has several steps to compliance

  • Safety Audit
  • Assessment and Priorities
  • Coordinated actions aimed at maximum cost savings
  • Indemnification
  • Ongoing Monitoring and Continuous Improvement

It seems to be popular in the mining sector, according to the RIS website and clearly, from the media release, RIS is expanding its application from its fall–protection base into construction.

Indemnification

There are lots of issues of concern in the media release, if not in the Syncron system itself.  The indemnification is of particular concern and although these sorts of safety management systems are apparently cleared through legal advisers they need a great deal of explanation in order for businesses to feel comfortable.

One of the potential traps of these systems is that indemnification only exists when the assessment and management system is followed absolutely, as highlighted below.  Although the advisory resources exist outside the customer’s business, checking and monitoring still comes from the customer and adequate resources are required.

The legalese through all Syncron brochures and statements needs forensic analysis.   Continue reading “More safety indemnities offered but with similar limitations”

Momentum increases for tangible action on workplace bullying

According to the Canberra Times, a company board has been served with an improvement notice over inadequate attention to workplace bullying claims in a retirement home.  The ABC television program, 7.30, has followed up workplace bullying claims aired earlier this month with a further case on 25 September 2012 with savage criticism of WorkSafe Victoria’s actions in the case.

The Australian Government has completed the public hearings of its Parliamentary Inquiry into workplace bullying.  Bullying is everywhere but little seems to be happening to address the various elements and deficiencies of the regulatory system.

On 21 September 2012 the WorkSafe ACT Commissioner warned about inaction on workplace bullying:

“If bullying has not occurred, then a properly conducted investigation should find that… If, on the other hand, an independent investigation substantiates the allegations, then the employer will be in a position to act to protect their workers from any ongoing threat to their health and safety.” Continue reading “Momentum increases for tangible action on workplace bullying”

Lessons for Australia from UK assault on OHS red tape

The chase for government and corporate effectiveness and productivity increases through cutting “red tape” has, historically, had dubious longterm benefits. The attack on the red tape of occupational health and safety (OHS) has been brutal in the United Kingdom and has occurred with an unforgiving, and misguided, tabloid media.  Some in the UK media have been pointing out the government’s strategic folly, the latest is Russell Lynch in the Evening Standard.

On 20 September 2012, Lynch brutally described the UK situation:

“Safer businesses are more productive, not least because of the management time taken up when some poor sod has to be scraped off the floor. And let’s not forget inspections focus on occupational health as well, meaning employees have more chance of working without developing illnesses.”

The sad part of this statement is that productivity advantage of safer businesses has been known by governments for some time but that the wave of red tape attacks was politically stronger.

Some Australian States are on an extreme austerity drive even though the Australian economy is nowhere near as troubled as that of the United Kingdom.  These strategies usually call for across-the-board percentage reductions in costs.  This generality is a major problem as productivity and cost-effectiveness of specific organisations is not considered.  Untargeted cuts penalise the successful and the inefficient – the current experience of the Health and Safety Executive. Continue reading “Lessons for Australia from UK assault on OHS red tape”

Strengthening safety decision-making

Any professional sees elements of their profession in other walks of life.  Police notice infringements when they are off duty.  Teachers often continue to instruct or educate when outside of school.  Journalist’s conversations with friends often contain pointed questions.

Safety professionals, commonly, extend safety principles to their own behaviours and lives.  This can sometimes lead to a heightened intolerance of unsafe behaviour in others but also desires that life operated on safety principles.  Today I wondered about the application of the concept of “Reasonably Practicable” in prioritising corporate and personal safety objectives.

I simplified (bastardised, some may say) the Safe Work Australia guideline on reasonably practicable into questions that we should ask in our non-OHS lives but, most importantly, the priority of the reasonable practicable process is retained.  The questions, in order of priority are:

  • How important is it?
  • How harmful could it be?
  • What do we know about it?
  • How can we control it?
  • How much will it cost?

Self-help aficionados may see these as life lessons or criteria that can be applied to many decisions.  I agree to some extent but the priority of the questions is of most importance in the decision-making process because it places the issue of cost last. Continue reading “Strengthening safety decision-making”

Australia’s mining sector progresses safety but without effective accountability

In 2010 the New South Wales Mines Safety Advisory Council (MSAC) released its important Digging Deeper report, proving this industry sector is at the forefront of safety management innovation in Australia.  This month  MSAC provided an insight into “world-leading” safety with its report “Actions for World-leading Work Health and Safety to 2017“.

The report discusses five strategic areas for attention but of more interest is the elements that MSAC believes represents “world-leading WHS”:

Continue reading “Australia’s mining sector progresses safety but without effective accountability”

Law reform does not prevent harm, only compensates for it

Josh Bornstein is a media-savvy lawyer with Maurice Blackburn who has gained some prominence on the matter of workplace bullying.  A week ago Bornstein spoke at a Legalwise seminar in Melbourne Australia and he has yet to stop running on his topic of discussion – “Disproving the seven myths about workplace bullying”.  Today he released a video of his presentation on the Maurice Blackburn YouTube channel.  The speech from the seminar is HERE.

Lawyers advise that words and statements are very important.  Documents and presentations are deconstructed for nuance and alternate interpretations.  Context is also vitally important to determine why something was said when it was said and why it was said.  These tools are equally useful for Bornstein’s presentation.

Continue reading “Law reform does not prevent harm, only compensates for it”

South Australian WHS laws get closer

Australian OHS discussion forums have been buzzing with the passing of the model Work Health and Safety (WHS) bill through the South Australian Parliament. SafetyAtWorkBlog has been advised that the WHS Bill has yet to go to Committee stage which then requires a third reading.  Some engaged in South Australian politics still believe the WHS Bill will fail to become law.

However the focus should not only be on the WHS Bill as there were other OHS matters discussed in Parliament on 6 September, such as workplace bullying.

Second Reading

The Second Reading Speech (page 2069) by Russell Wortley on 6 September 2012 includes some comments of note. Below are a couple of extracts:

“There has been a lot of fearmongering about the effects of these laws. I want to assure honourable members that these fears are misguided and, sadly, often based on misinformation from lobby groups with a particular self-interest in seeing this legislation defeated.”

“…if we do not modernise our laws now, the scope of legal workplace safety protections will continue to be limited by the employer/employee relationship and existing ambiguities will remain. Honourable members need to understand that if the bill is not passed, a South Australia worker will have lower standards of safety than other workers in other states and territories across Australia.”

Of particular note is that Wortley tables (pages 2077-2079) the Housing Industry Association‘s table of increased costs from the new WHS laws. Continue reading “South Australian WHS laws get closer”