Legal games at the Beaconsfield inquest

The legal team representing the Beaconsfield mine at the inquest into the death of Larry Knight have returned early – much to the annoyance of the Coroner, Rod Chandler.  The team headed up by David Neal SC returned to the Launceston inquest on 28 August 2008 according to The Australian newspaper. 

It’s an extraordinary development due to the circumstances of their withdrawal after their opening submission.  Rod Chandler is quoted as saying

“In my view, to withdraw in this manner showed disrespect to this court. More critically, it showed gross disrespect to Mr Knight’s family. Such insensitive conduct does not, in my opinion, have any place in this jurisdiction.”

The newspaper went on to report that

“Mr Chandler said Dr Neal had failed to explain what had changed since the mine claimed on July 22 that it could not assist the inquest any further than its opening submission.”

To those who have said in comments to this blog that the lawyers are astute poker players, I would ask what benefit the legal team derived from getting the Coroner off-side?

To those who said that sitting through an inquest unnecessarily is too expensive, I would ask, is it now less expensive?

Lawyers usually have some sense of public feeling, media appearance or image.  If this team had such skills, they forgot to apply them in this case.  Let’s hope that their decisions do not lead to a legal cock-up.

“National cuisine” threatens work health promotion

For many years, workplaces in Australia have been promoting healthy diets as a way of improving the general health of the workforce and hopefully reduce illness.  This strategy was easier to develop when there was large manufacturers who had in-house canteens but it was always a struggle.

In 2008, the Victorian Government launched WorkHealth, a program that it claimed was a world-first, and will focus on improving general health by targeting the workplace.  It is understood that the pilot program of worker health assessments begins on Monday, 1 September 2008.

The Herald-Sun newspaper on 26 August 2008 illustrates a major cultural barrier that the workplace health initiative faces.  In an article entitled “Aussie blokes bite back with humble pie”, the marketing manager of Patties (Australia’s biggest pie manufacturer), Mark Connolly said 

“Blokes are sick of being told what they can and can’t eat. They’ve had a gutful of it and are going back to living by their own rules. If they feel like having a pie and a few beers, they’ll have a pie and a few beers.” 

In 2008, Patties has seen a 10% increase in pie sales and an 8.6% increase in profit. Patties has made available a nutritional comparison of their products.  Perhaps, WorkHealth can seek additional sponsorship support from a pie maker.

Latest Australian OHS statistics

On 22 August 2008, the Deputy Prime Minister and Industrial Relations Minister, Julia Gillard, released the Comparative Performance Monitoring Report (CPM) on Australia’s OHS and workers’ compensation outcomes for 2006-07.  The principal points, according to the report, are:

• There were 236 compensated fatalities recorded in Australia for 2006-07, of which 177 were from injury and musculoskeletal disorders and 59 were from other diseases.

• Body stressing continues to be the mechanism of injury/disease that accounts for the greatest proportion of claims (42 per cent).

• The manufacturing industry recorded the highest incidence/claim rates per 1000 employees (27.5), followed by transport and storage (25.9), agriculture, forestry and fishing (25.3), and construction (22.1), however all these rates are down from 2005-06.

• Over three quarters (77 per cent) of injured workers successfully returned to work within eight to ten months of sustaining their injury.

The CPM report is available for download at www.workplace.gov.au/cpm

Countering Customer Aggression

Other than drunken pub patrons, customer anger seems to be common in social security offices.  In Australia, until recently, there were few screens or barriers between staff and customers, perhaps an indication of Australia’s egalitarian culture, or perhaps, naiveté of current reality.  

Centrelink, Australia’s social security agency, responded to the workplace hazard by banning those customers from face-to-face contact.  Several people complained about this restriction and the complaints were investigated by the Commonwealth Ombudsman, whose report was released today, 25 August 2008.  The Ombudsman found

“that in most instances the decisions to withdraw face-to-face contact were not unreasonable, but highlighted the need for national procedural guidelines to be developed to assist staff when managing customers who exhibit abusive or threatening behaviour.”

This justifies the removal of face-to-face contact, or in OHS terms, the risk has been eliminated.

However, the safety of staff may have been guaranteed but the anger of the client might still remain.  It is in this context that the Ombudsman has recommended further changes to processes for the benefit of staff and clients.

Centrelink should be 

• reviewing letter templates to ensure customers are properly notified of their review rights and the review process

• implementing strategies to ensure relevant staff are aware of the review processes required by the guidelines, and providing further training where appropriate

• introducing an appropriate internal monitoring/review mechanism to ensure quality and consistency in the application of alternative service arrangements

• encouraging decision makers to explore the most appropriate alternative servicing arrangement for future contact before deciding to withdraw face-to-face contact

• amending the guidelines to ensure staff record an appropriate level of detail to justify their actions and decisions following an instance of aggressive behaviour.

The Ombudsman’s report is available for download HERE

Guest workers and rural accommodation

There is a debate in Australia at the moment about easing the labour shortage by allowing “guest workers” into the country on temporary visas.  Australia has a bit of history in migrant labour but not as much as those nations who share land boundaries and have not been saddled with the White Australia Policy that Australia held onto for decades.

It is time for Australia to accept its geographical and political position in South East Asia and the Pacific, but how does this relate to workplace safety?

The current debate is about easing the labour shortage in agriculture and, specifically, fruitpicking.  For the guest worker scheme to work, Australia needs to show that guest workers are trteated with respect and are not being used as cheap labour, an accusation that is being bandied about.  Respect means good working conditions as well as a proper salary and part of those conditions with be accommodation.

Greens Senator, Sarah Hanson-Young, emphasised this on 18 August 2008:

Greens Senator, Sarah Hanson-Young
Greens Senator, Sarah Hanson-Young

“While it is pleasing to see the Government provide much needed assistance and training for our Pacific neighbours, especially with the injection of money back into their respective communities, we must ensure that the guest workers are not exploited,” said Senator Hanson-Young.  “Poor housing and contentious pay deductions are two issues that the Greens will be keeping a close eye on.”

The State of Victoria has a strong and large fruitgrowing area which. like most, relies on seasonal workers who reside on the property.  The accommodation needs of farm workers is neatly summed up in the Victorian guidelines for shearing.  Part of the guidelines state

In workplaces where accommodation and amenities are provided by the employer for employees, as is the case with shearers’ quarters on a property and amenities at the shearing shed, the amenities provided are regarded under the OH&S Act as part of the workplace. In this situation the general duty of care of the employer to provide and maintain for employees a working environment that is safe and without risks to health extends to the accommodation and amenities provided and to travel between the quarters and the shearing shed. (WorkSafe’s emphasis)

As has been proven in the past, migrant labour is frequently exploited, which is part of the trade unions’ concern with the scheme.  OHS regulators, farmers and rural employers need to be assessing these facilities now (if it is not too late in the season) so that new employees can begin work confident that they will be well looked after and amply rewarded for their work.  Even if there is no specific amenities compliance code or guidelines for this agricultural sector at the moment, there is plenty of information that indicates the decent way to treat guest workers.

Politicians’ workplaces

Western Australian Premier, Alan Carpenter, is to be applauded for stating that the Parliament is a workplace.  This sounds like stating the bleeding obvious but Parliament has often turned a blind eye to this fact.

Certainly, the Premier is in election mode so there is an additional context in this period to everything he says. On 22 August 2008, he was talking about a working bar that exists in the State Parliament and how inappropriate it is. The media reported him saying:

“Parliament House is a work place, the members of parliament should not be able to drink freely during working hours,” Mr Carpenter said.  “Having a bar serving alcohol during working hours is completely out of step with community expectations. It is completely unacceptable that members of parliament are able to sit in a bar in their workplace and drink when they should be working on behalf of the community.”

There may be good reasons for having a bar in a workplace, but it may be inappropriate for workers to use the facility during business hours.  For years, many workplaces have introduced policies concerning drugs and alcohol to, in my opinion primarily, to cover themselves against legal action.  Thankfully such policies can also have a workplace safety role in the reduction of impairment.

Impairment relates to one’s fitness for work and is easiest to understand in the transport industries where one person is responsible for the safety of many members of the public.  But I have never understood why the logical extension of impairment to decision making in other workplaces has not be made.

In a workplace, such as a Parliament, or a goverment building, where decisions are made that will affect the safety and welfare of the public, decisions should be made with no impairment,  Policies should not be decided over a couple of bottles of scotch which was reported to be done by an education minister in Victoria several years ago.  Another politician was “under-the-weather” in Federal parliament some years ago, even though the current Federal Parliament has no bar onthe premises.

Considering that Parliaments are workplaces, the governments should review other hazards that are being addressed in other Australian workplaces.  The top of the list would be reasonable working hours, fatigue and stress.  In most Parliaments, the security issue is being dealt with but workplace bullying could be applicable.

Alan Carpenter’s comments were political statements in an election campaign so they have a dubious weight but let’s start thinking of Parliaments as workplaces and start seeing our politicians as exemplars in OHS.  If safety culture starts with leaders and safety champions, then can we blame workers and business operators who follow our leaders’ examples?

Senior executive – leave of absence

Regularly glossy business magazines and newspapers focus on the CEO or senior corporate executive who has decided to take a year or so off in their middle age. These profiles are often accompanied by an image of the executive casually dressed standing in the shallows of a beach on a sunny day.

The glossy profiles are annoying because they promote the idea that one must work excessively long hours and amass considerable wealth before stopping suddenly for a period of time, rather than promoting a balanced approach to workload and career that allows for adequate leisure. Good OHS management would advocate adequate leave throughout one’s working life to allow for a reduced risk of health problems, to minimise stress and to allow for a good amount of family time.

David van Aanholt

Too often high-profile corporate managers, and particularly politicians, need to resign to “spend more time with the family” – that’s if kids recognise them and the family dog doesn’t attack the intruder. The phrase quoted above is quickly becoming PR shorthand to cover a large range of matters.

In the Australian Financial Review on 21 August 2008, it was reported that the Asia Pacific CEO of Goodman Group, David van Aanholt, is taking a six-month sabbatical “to spend more time with his family”. This could be corporate spin but taking it as meant, Mr van Aanholt should be congratulated for sacrificing some corporate time for the benefit of the bigger picture. The article says that he intends to return to the company because of the long and strong relationship he has with the company and its founder.

The Work/Life Collision
The Work/Life Collision

Barbara Pocock, in “the Work/Life Collision” discusses a possible option of taking a pay rise in time rather than money, sort of a non-monetary salary sacrifice. She says that this concept has not taken off in the US, where it was first proposed, but felt it could work in Australia. Of course this requires the quantum leap in understanding the OHS benefits of regular leave and sensible workload expectations.