Tag: government

A new approach to OHS advertisements is required in Australia

Workcover NSW should be supported in its new advertising campaign “Here to Help”.  Two ads are currently available on-line and are embedded below.  What is surprising is that OHS regulators still feel the need to create new awareness-raising campaigns rather than providing examples of the consequences of non-compliance.

It may be unfair to criticise an OHS regulator for an advertising campaign that raises the awareness of the need for safety, particularly if that ad is only the most visible element of a new enforcement strategy but it would be refreshing to see a different type of ad, one that speaks directly to business owners, with perhaps a similar one to workers.

What I see is an advertisement  similar to the famous Yul Brynner anti-smoking ad but with a script similar to this:

[Close up of head and shoulders of a businessman facing the camera.  Camera slowly pulls back as businessman speaks.] Continue reading “A new approach to OHS advertisements is required in Australia”

One industry sector continues to struggle with new OHS obligations

Some companies and industry sectors are struggling to cope with a major change to Australia’s occupational health and safety laws – the removal of the employer/employee relationship.  One example of an industry struggling with the change is the sex industry, more specifically, the licensed brothels.

In many industries, and in the safety profession itself, people confuse the OHS laws of injury prevention with the Compensation laws of rehabilitation.  In Australia these are two separate sets of laws, administered, often, by different government agencies and through different mechanisms, even though to effectively manage workers business needs to operate as if the demarcation does not exist. Many industries and professionals also make the common mistake of believing that a judgement in one area of law applies to other areas.

For many years the brothel industry* in Victoria, in particular, has believed that a ruling by the Australian Taxation Office (ATO) – that sex workers (or sexual service providers, the preferred term by the brothel industry) are not employees of the brothels – also relates to the OHS laws.  The argument goes that, as the ATO has said that no employment relationship exists for taxation purposes, there are no, or limited, OHS obligations on the brothel owners for the sexworkers.  This is bollocks, has always been bollocks and I have personally advised representatives of the brothel industry over many years that it is bollocks but the misunderstanding persists.  Sadly, this persistence could impede the progress of the brothel industry to comply with the new Work Health and Safety laws.

Continue reading “One industry sector continues to struggle with new OHS obligations”

Fee For Intervention – a necessary economic evil

WorkSafe Victoria’s Executive Director – Health and Safety, Ian Forsyth mentioned one of the necessary economic choices faced by the UK’s Health and Safety Executive (HSE) when speaking at a breakfast seminar in early February 2012.  He said that HSE is

“…under the pump politically [and] I think they’re either just, or about to, press the button on inspectors charging 133 pounds per hour for their workplace visits……If they find an issue they will be charging the employer 133 quid an hour and they hope to make 10 million pounds out of that”

The concept of fee for intervention (FFI) was new to most in the seminar audience and it needed more explanation and context although the seminar imposed tight time constraints.   Given the economic status of the United Kingdom such cost recovery methods are logical, if unpalatable. Continue reading “Fee For Intervention – a necessary economic evil”

Executive Director says WorkSafe has been reactive on workplace mental health

Ian Forsyth, Health and Safety Executive Director, for WorkSafe Victoria spoke at a breakfast seminar on 7 February 2012.  As a report on what WorkSafe has been doing and what they plan to do in 2012, it was reasonable but there were several issues that raised eyebrows or confused some in the audience.

Workplace Bullying

Ian Forsyth spent some time speaking about the importance of workplace bullying, repeatedly stressing that most calls to WorkSafe about bullying do not fit the definition that would allow WorkSafe to act.  No mention was made of the divergent views on workplace bullying coming through the public comment phase of the draft national code on workplace bullying over the last few months.

Several times Forsyth stressed that there were other avenues for action or appeal on matters that do not fit the WorkSafe definition, such as the Fair Work Ombudsman and other authorities.  This is the reality but the comments provide no real solution to handling the thousands of calls WorkSafe receives on workplace bullying each year.   Continue reading “Executive Director says WorkSafe has been reactive on workplace mental health”

What makes a good job? What makes a safe job?

Dame Carol Black

The High Risk OHS Summit 2012 (why it’s high risk, no one seems to know) started with a bang with a detailed presentation from Dame Carol Black, a major instigator of work health reforms in the United Kingdom.  Dame Black was able to provide several case studies and some data that provided a fresh perspective on what work and health and safety means to the British workers.  For instance, she stated that of those employed in the UK, 26% are working with a health condition or disability. Black also said that 2.4% are off sick at any one time

Black also adds the personal to her presentations and admitted that she had not been aware of what makes “a good job” until beginning her review over five years ago. It is a terrific question to ask one’s self and colleagues.  What makes a good job?

David Gregory of the Australian Chamber of Commerce and Industry also spoke at the conference and, as usually, was very cautious in what he said and how he said it. Continue reading “What makes a good job? What makes a safe job?”

The social context of OHS laws is being poorly handled

Australian lawyer Michael Tooma is mentioned regularly in the SafetyAtWorkBlog, mostly because Tooma is one of the few who consider workplace safety in the broader social context.  In The Australian newspaper on 10 February 2012 Tooma wrote that new work health and safety laws being introduced in Australia present

“…a march … into the traditional heartland of the public safety, product safety and professional liability territory, and it brings with it a criminalisation of what was once an exclusively civil liability domain.  The new laws did not invent this trend, they just perfected it.”

Right-wing commentators would jump on this and declare “nanny state” but it is vitally important to note that this trend of “protectionism”, or the “compensation culture” as described in the United Kingdom, did not originate in occupational health and safety (OHS) laws.  The OHS profession, business operators and workers will need to learn to accommodate and manage this social trend that has been imposed.

Tooma writes that ”

“…we have not had a proper debate about the incursion of the laws into nontraditional areas and its impact on the resources of firms, regulators and ultimately work safety standards.”

The debate may already be over. Continue reading “The social context of OHS laws is being poorly handled”

Construction induction certification could move online

E-learning has become an acceptable option for many industry training sectors.  In Australia, this industry is still in its early stages.  One of those reasons is that the internet resources are not as extensive as in other countries but the Federal Government began to establish a National Broadband Network (NBN) that should allow better e-learning servicing.

Last week, occupational health and safety inductions were provided with the NBN and e-learning approach.  According to a media statement issued in early February 2012:

“With Australia moving to adopt a national qualification to enable workers to enter a construction site, a project is currently underway to develop and evaluate the effectiveness of an immersive 3D computer game to deliver occupational health and safety (‘White Card’) certification training for the construction industry.

This would enable workers to use a training computer game to learn and be assessed for the unit of competency required by the National Code of Practice for Induction for Construction Work, without being compromised by time and place. Importantly, it also allows trainees to gain real world experience ‘on site’ or ‘using’ industrial equipment without exposing them to potential risk.” [links added]

SafetyAtWorkBlog posed some questions to one of the participants of the program, Skills Tasmania, and received the following responses from one of the program partners, Mark O’Rourke, the Educational Advisor of the Curriculum Innovation Unit of the Victoria University Continue reading “Construction induction certification could move online”

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