Alarmism and confusion over Australia’s OHS harmonisation process

The Australian Financial Review (AFR) on 13 September 2011 is muddying the waters on objections to Australian harmonised OHS laws.  The Victorian Government would support a delay to the introduction of the laws until, according to previous media reports, the release of the Regulatory Impact Statement (RIS) on the new laws.  The AFR is reporting (not available online without a subscription) that the government

“…will not endorse the regulations until the federal government releases a cost-benefit analysis.”

It is understood that an RIS is not the same as a cost-benefit analysis even though costs and benefits are part of an RIS.

Australia’s Office of Best Practice Regulation (OPBR) states that an RIS has seven (7) key elements:

Individual accountability – the Great Leap Backward (and into a legislative maze)

Col Finnie, formerly WorkSafe Victoria’s Principal Legislation Officer, looks at what the notion of individual accountability might look like if it was incorporated in the Work Health and Safety Bill, all done with his tongue firmly jammed in his cheek

It’s a good thing new perspectives about getting Occupational Health and Safety (OHS) right are tossed around.  We love that sort of thing in OHS-World.  But this sort of stuff, that used to be called “blue sky thinking”, needs the next step: head out of the clouds, feet on the ground and working out whether that ostensibly good idea will actually work, how it will work, and what will be the consequences.  That reality-check can have that ostensibly interesting notion turn into no more than a puff of an idea; I think individual accountability is like that.

It seems that individual accountability is being touted as a contemporary “issue” for OHS.  The context of the tout would appear to be that OHS will be better if everyone takes more direct responsibility for OHS in the workplace, i.e. everyone was more accountable for “how things are done” around a workplace.  And yep, accountability and responsibility are different things, but not by much; clearly ya can’t be held accountable for stuff in the absence of any responsibility for that stuff at all. Continue reading “Individual accountability – the Great Leap Backward (and into a legislative maze)”

Victorian Government may be a hurdle in OHS harmonisation

SafetyAtWorkBlog has been receiving several requests for information about the introduction of the model Work Health and Safety Bill into the Victorian Parliament.  As the new laws have been “modelled” on the recent Victorian Act, some thought the introduction of the Bill could be undertaken early.  Others, for the same “modelling” reason, argued for delay.  On 12 September 2011, Victoria’s Assistant Treasurer, Gordon Rich-Phillips, has spoken in favour of delaying the date for enacting the laws past 1 January 2012.

Rich-Phillips is basing his position of the continuing lack of a regulatory impact statement (RIS) for the laws, a delay that has also caused concerns on various OHS discussion forums over recent months.  His demand to know the “costs and benefits” of the laws is not unreasonable however the RIS is only about the impact of the regulations and not the harmonisation process as a whole. Continue reading “Victorian Government may be a hurdle in OHS harmonisation”

Employer association criticises Australia’s new Work Health and Safety laws

On 9 September 2011 The Australian newspaper reported  that the executive director of the Independent Contractors of Australia, Ken Phillips, had serious concerns over the new Work Heath and Safety laws to be introduced in Australia in 2012.

Phillips has received legal advice that identifies serious shortcomings in the new laws compared to the existing Victorian OHS laws. These include eliminating the right to silence and protection against self-incrimination during incident investigations by OHS regulators.  The article says that the ICA’s analysis

“…shows that the new system would also empower workplace inspectors to seize entire businesses without the oversight of a court, something that is currently not permitted in Victoria.”

It also reports that Phillips fears

“…the scheme would lead to a recurrence of what happened under the former workplace safety system in NSW where “ordinary people were prosecuted even if they had no control over the business”. Continue reading “Employer association criticises Australia’s new Work Health and Safety laws”

Is the trickling down of safety information sufficient?

A recent article in the Journal of Health Safety Research & Practice (JHSRP) quoted the findings of some research into construction and safe design by the National Institute of Occupational Safety and Health (NIOSH).  One of the NIOSH recommendations listed was that “… the trickle-down concept is appealing.”  The “trickle-down concept” may be appealing in many areas of policy, practice and the advocacy of leadership but its effectiveness is questionable.

It has become a mantra of some areas of the safety professional that safety can only be improved when introduced from the top.  A whole sector of safety leadership sellers has been created on this belief and an important element of the salesmanship is that good safety practices will trickle-down.  This sounds logical but it is necessary to analyse this concept, a concept that originated well outside of safety management.

Trickle-down has been described as a marketing concept, which seems based, partly, on envy.  Wikipedia says that, when applied to fashion,

“…this theory states that when the lowest social class, or simply a perceived lower social class, adopts the fashion, it is no longer desirable to the leaders in the highest social class.”

If this can be applied to safety leadership, it may be that by the time the leadership values reach the shopfloor workers, the leadership advocates, the executives, may be no longer interested.  The transience of trickle-down should be considered when leadership is applied.  How can safety change be sustained through leadership?  What can keep leadership fresh and relevant? Continue reading “Is the trickling down of safety information sufficient?”

Professor Niki Ellis speaks about OHS, CSR and resilience

Next week the National Comcare Conference is held in Melbourne Australia.  One of the keynote speakers at the conference is Professor Niki Ellis, a prominent Australian OHS researchers and consultant  who is also heading up the Institute for Safety, Compensation and Recovery Research (ISCRR).

On a sunny September 5 2011 I was able to spend half and hour with Niki at a noisy cafe outside Victoria’s State Library talking about:

  • The profile of OHS is Australia as a profession
  • The importance of a practical application for OHS research (what Niki refers to as “interventionist research”)
  • The need for innovation in tertiary institutions
  • The legacy of Dame Carol Black’s UK report “Working for a Healthier Tomorrow
  • The challenge for OHS professionals to cope  with emerging psychosocial hazards
  • The role and importance of Corporate Social Responsibility to workplace health and safety
  • The deficiencies of applying resilience to workplace mental health issues

Kevin Jones

OHS will eventually need to address the big climate change impacts

The latest edition of the Journal of Occupational Medicine (JOM) (Vol 61. No 5 Aug 2011) includes a short article on the occupational impact of climate change, an issue that must be addressed in the work context and one that places additional challenges for those involved with safe design.

The JOM article lists the following hazard categories that are likely to affect workplaces and activities:

  • “Increased ambient temperature (global warming) and resultant climate changes,
  • Increased air pollution (resulting from increased temperatures, ozone levels and airborne particles),
  • Ultraviolet (UV) radiation,
  • Extremes of weather (resulting from global climate change),
  • Vector-borne diseases and expanded habitat,
  • Industrial transitions and emerging technologies,
  • Changes to built environment.”

It is unlikely that employers will try to tackle climate change through OHS considerations as there are far more important economic pressures.  OHS, in this context, can only be reactive but several of the issues mentioned above are likely to substantially change work methods and planning. Continue reading “OHS will eventually need to address the big climate change impacts”

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