Parliamentary inquiry discusses OHS but no one noticed

Australia’s politicians, trade unionists, businesses and media are gearing up for a tumultuous year in industrial relations with the controversial establishment of a Royal Commission into trade union corruption.  This royal commission is broad-ranging but targets the construction unions, particularly the Construction Forestry Mining and Energy Union (CFMEU) and thus the construction unions’ conduct with regard to allegedly using occupational health and safe as a cover or excuse for industrial action. This royal commission has a strong element of party politics and ideologies and has overshadowed other action in the Australian Parliament where OHS is being discussed.

On 6 February 2014 the Education and Employment References Committee of the Australian Senate continued its inquiry into the Government’s approach to re-establishing the Australian Building and Construction Commission (ABCC) through the Building and Construction Industry (Improving Productivity) Bill 2013.  One of the terms of reference for this inquiry is

“whether the provisions of the bills relating to occupational health and safety in the building and construction industry are adequate to protect the health and safety of employees and contractors in the industry”.

On February 6 the inquiry had some heated discussion on OHS and the construction industry that deserves a closer look.

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Missed opportunity for making the business case on safety culture

Cover of HSL culture documentRecently the UK’s Health and Safety Laboratory (HSL) released its second white paper on safety culture.  This paper is called “Making the Case for Culture” and outlines the three arguments for a workplace safety culture – legal, moral and financial – from which a safety business case can be built.  Financial seems to get the most attention but this is perhaps because it is the element that is argued the least and the one that can get the greatest attention from company executives.

The document seems a little thin but it could be put that the simplicity of the presentation in a booklet designed to provide safety culture guidance is an advantage.  It could also be argued that it is primarily a promotional pamphlet for the HSL’s very useful safety climate tool .

Continue reading “Missed opportunity for making the business case on safety culture”

Are you ready for the revised AS1657 on walkways, ladders and platforms?

A guest post by Carl Sachs

Walkwaywas0121-03141MBThe revised Australian Standard AS1657 for fixed ladders, platforms and walkways released in October 2013 plugs some serious holes. Guard rails made of rubber, for example, are now explicitly unacceptable.

While absurd, rubber guard rails technically complied with the 21-year-old AS1657 and the example shows just how sorely an update was needed.

Four big changes to AS1657

The biggest changes to AS1657 concern selection, labelling, guardrail testing and the design of fixed ladders. Continue reading “Are you ready for the revised AS1657 on walkways, ladders and platforms?”

Construction association sees red tape instead of safety

Further to yesterday’s article about the Model Health and Safety Management Plan (MHSMP) being required by the Construction Compliance Code Unit (CCCU) in the Victorian Government, SafetyAtWorkBlog was provided with a copy of the submission of the Victorian Construction Safety Alliance* (VCSA).  Tony Marino, the Chair of the VCSA, has granted permission for the covering letter to be quoted.

The covering letter to the submission made four major points:

  • “Overall the requirements of the Model Health and Safety Management Plan (MHSMP) and Implementation Guidelines are excessive and require significant amount of reporting duplication, i.e. red­ tape. VCSA was of the opinion government agencies wanted to reduce red-tape.
  • VCSA Suggest the CCCU has a MOU with other relevant agencies to receive safety data produced and sought by the Implementation Guidelines.
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Brothels continue to misunderstand the employee/contractor difference

For many years the brothel industry in Victoria has struggled with its occupational health and safety obligations, not because it does not understand them but that it denies OHS laws are relevant as many in the industry continue to believe that sex workers are not employees.  Some use a Tax Office ruling on employee status to support their argument against OHS.

A recent investigation by the Fair Work Ombudsman (FWO) seems to further illustrate the industry’s misunderstanding of employees.  According to an FWO media release nineteen brothels, over 70% of brothels investigated, underpaid clerical staff around $A65,000 but of more relevance to OHS is that

“Some businesses were found to have misclassified employees as independent contractors.”

This was a position put by many brothel owners and industry lobbyists when I was consulting and writing about the industry almost a decade ago.  For a long time OHS laws have extended beyond the employee/employer relationship to include those affected by the work being undertaken on the premises. The more modern Work Health and Safety laws go further by focussing on the work activity rather than the place of work.

As the OHS/WHS focus increases on psychosocial hazards – impairment, fatigue, stress etc – the adult entertainment industry has particular challenges; challenges that could be seen as threats or opportunities but certainly challenges that will not go away.  It is very positive that the industry groups have agreed to support a specific website for the sex industry but now they need to start working seriously on complying with their OHS/WHS obligations through collaboration, consultation and innovation, instead of denial.

Kevin Jones

More on this industry and this topic can be found in an earlier SafetyAtWorkBlog article.

Opaque response on construction industry safety code

Model-Health-and-Safety-Management-Plan (2)Victoria’s Construction Compliance Code Unit in the Department of Treasury and Finance has just completed its public comments stage for its model Health and Safety Management Plan (HSMP).  The comments period was extended by a month after initially ending after only one month‘s public consultation on 6 January 2014.  New South Wales and Queensland have mirrored the Victorian construction compliance code so the significance of this OHS submission stage should not be underestimated however the submission process and unusual secrecy is not building the faith and trust in the HSMP that the process needs for it to succeed.

The regular process for submissions to government inquires is for those submissions to be made publicly available, with the permission of the writer.  The CCCU seems to have no plans to follow this protocol which is an enormous shame as the submissions would have provided a window into both the understanding of OHS in the Victorian construction sector, an understanding of the OHS role of the CCCU and an insight into how the CCCU is generally perceived by the Victorian community.

SafetyAtWorkBlog put the following (we think reasonable) questions to the CCCU last week in preparation for the end of the commentary phase:

  • Could you please estimate the number of submissions the CCU has received on the model Health and Safety Management Plan (HSMP) to date?
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Proposed drug testing – a political tool

On 6 February 2014 the Victorian Premier. Denis Napthine, announced the intention to

“…require construction companies to implement comprehensive drug and alcohol screening measures to ensure the safety of workers to be eligible to tender for Victorian Government construction contracts.”

This is to be part of the occupational health and safety (OHS) obligations of companies under the Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry.  Understandably the construction union, particularly, is angry and feels as if it is being singled out.  Both organisations have chosen their words very carefully. Premier Napthine is quoted as saying:

“Reports of illicit drug use and distribution on Victorian construction sites are widespread.”

The CFMEU‘s Victorian Secretary John Setka has stated that

“There is no epidemic of drug taking on construction sites…. Our Health and Safety representatives who look out for workers’ health and safety are not reporting a problem.”

It is unlikely there is an epidemic of drug use but the Premier is talking of drugs AND alcohol.  

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