Conservative media begins to examine new OHS laws

Workplace health and safety made the front cover of the Australian Financial Review on 1 July 2011 (once the liftoff financial special cover was thrown away).  When this happens there is a serious issue to be dealt with or it is a beat-up.  Today’s article entitled “Danger: work safety laws just got stricter” (not accessible online) is a bit of both.

Reporters Fiona Carruthers and John Stensholt reference several cases that should have generated considerable debate in the OHS fraternity.  The first is the case where Clean Seas was fined $A27,000 after not preventing an alcohol-affected diver from entering the water where he blacks out and requires hospitalisation.  Curiously they also discuss, in a textbox, fines handed out to RailCorp and Esso, events that occurred in 2003 and 1998 respectively.

Perhaps not surprisingly a financial newspaper focuses on the financial penalties of OHS breaches, injuries and deaths but the timing of the article is also curious as the law changes, stemming from the OHS harmonisation process, have been scheduled for some time and do not come into effect across Australia until 1 January 2012. Continue reading “Conservative media begins to examine new OHS laws”

Managers being closer

The following are some of the processes supposedly used in workplaces to control/eliminate hazards:   hazard identification, risk assessment and risk management.  These should address the implicit questions of: ‘What?’, ‘How bad?’ and ‘What to do?’

The language then turns to words and concepts like ‘OHS culture’, ‘behaviour-based safety’… and all within some over-arching package referred to as an ‘OHS management system’.  These are shown in the diagram below.

But that’s one representation, there are many others.  Now ask some simple questions:  Given that some 80% of workers work in small to medium workplaces, just how much interest will there be from managers in these approaches?

The single most obvious change I’ve seen in OHS in the last 20 years has been the dramatic increase in the amount and volume of talking about it.  It’s clearly not the only change, but the most wide-spread and obvious one. Continue reading “Managers being closer”

Directors Sentiment Index mentions OHS but……

The survey results of the inaugural Directors Sentiment Index have been around for several months but recent breakfasts discussing the findings have generated renewed media interest.

The survey provides a useful profile of how directors see their role and lists forecasts of trends but in none of the recent media reports does workplace health and safety receive attention although it is mentioned in the survey results.

The survey, conducted for the Australian Institute of Company Directors (AICD), lists occupational health and safety (OHS) as one of the components of what is described as Environmental, Social and Governance (ESG) issues (page 64).

(Curiously “Work Health & Safety” continues to be abbreviated to OH&S showing the persistence of OHS).

The chart shows that 54% of respondents believe that the importance of OHS issues will increase a little.  This can be interpreted in many ways – directors do not know what they are talking about,  the OHS profession has a bloated sense of its own importance, a survey over time may provide a better reflection of perception or that the work of Safe Work Australia on OHS and corporate governance is not gaining traction on the agendas at board meetings. Continue reading “Directors Sentiment Index mentions OHS but……”

France Telecome’s CSR report is telling but sets high expectations

In 2009, France Telecom’s management practices came to global attention as a result of a spate of over 20 suicides that were identified as work-related.  On 6 June 2011, France Telecom released its Corporate Responsibility Report that covers the period of the management turmoil touched upon in earlier SafetyAtWorkBlog articles.

The document is an impressive document that sets an enormously high benchmark on a range of corporate and personnel issues but one will find no mention of suicides.  The best indication that this was a company in crisis is the level of inquiries, reviews, audits and workplace safety control measures that have been implemented over the last two years.  It is also important to remember that the control measures are designed to bring about a cultural and organisational change to this corporation and that this will take a considerable time.  The struggle can be best, and most tragically, illustrated by the April 2011 self-immolation of a France Telecom employee in the company carpark in Merignac.

By acknowledging that this report has come from a company in crisis it is possible to identify some useful OHS, human resource and organisational cultural initiatives that may be applied in other large corporations around the world. Continue reading “France Telecome’s CSR report is telling but sets high expectations”

Do Work Health and Safety regulations comply?

The draft model Work Health and Safety regulations were published for public comment in December last year, but rather than sailing through with general public support (i.e. negligible objection) they were met with incredible public objection, with over 1000 submissions.  This astonishing fact begs the question; has something gone wrong in the WHS legislation making process? Or did the Australian public suddenly have nothing better to do than write all those pages?

You may, or may not, be aware that when legislators want to create legislation there are very solid principles and clear guidelines that legislators must comply with.  These “rules-for-rule-makers” are provided to us courtesy of the Council of Australian Governments (COAG) and the Office of Best Practice Regulation (OBPR).  And for mine, they are excellent.

The reasons we in Australia have those rules are many but in a nutshell it’s because some governments have over the years proved to be pretty good at creating flawed legislation with unintended or anti-competitive consequences. And some have been pretty good at blustering their rules through to the public and papering over the deficiencies. Continue reading “Do Work Health and Safety regulations comply?”

Another government department limits ATV/quad bike use over safety concerns

At the end of May 2011, The Weekly Times newspaper reported that the Victorian Department of Sustainability and Environment

“has enforced limited use of ATVs by staff while it conducted a risk assessment on their use.”

SafetyAtWorkBlog has learned that a New South Wales government department has taken similar action through to August 2011.

Kevin Jones

Reasonably Practicable is more a hindrance than a help

Possible future OHS conversation between Person Conducting Business or Undertaking (PCBU) and an OHS Inspector or OHS professional looking at a piece of plant:

PCBU: “Look at this machine, it now complies with the work health and safety laws, as far as is reasonably practicable.”
OHS: “Terrific. How did you work out that the plant complies?”
PCBU: “Well we asked around and we reckon this is the best solution.”
OHS: “So did you assess whether anyone could get harmed using this machine?”
PCBU: “Yep”
OHS: “What sort of injury do you think could result from operating this plant?”
PCBU: “Not much”
OHS: “Who told you that the plant now meets all the requirements of the OHS legislation?”
PCBU: “Our workshop manager/neighbour/consultant….”
OHS: “Did they suggest ways for making the plant safe?”
PCBU: “Yep”
OHS: “So why isn’t there a guard around that pinch point?”
PCBU: “Ummmmm, I can’t afford the guard this month but the manager/neighbour/consultant said it’d be alright as long as we put this warning sign up in the meantime. But it’s reasonably practicable, I reckon.”

As the new Work Health and Safety laws become a reality in Australia from January 2012, the line of compliance will expand to create a grey band within which compliance is likely only to be determined by lawyers after an injury has occurred. Continue reading “Reasonably Practicable is more a hindrance than a help”

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