Senator Abetz oversteps on workplace bullying claim

abetz.com.au - Joe McDonald 130314Anyone dealing with occupational health and safety (OHS), or in any profession, knows to be careful with one’s words in public.  This is particularly so when one is dealing with mental health issues or claims of workplace bullying.  This week Senator Eric Abetz, Australia’s Workplace Relations Minister, seems to have overstepped the mark by misrepresenting some Federal Court Orders as related to workplace bullying, when the Court made no such statement.  This could simply be dismissed as political hyperbole in the heat of the moment but this was no off-the-cuff remark.  He headlined his media release on 13 March 2014 as:

“Joe McDonald found guilty of workplace bullying – yet again. Bill Shorten must now act”.

According to Safe Work Australia, an organisation within Senator Abetz’s portfolio, workplace bullying is defined in the most recent national guide as

“repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.” (page 2)

Nowhere in the Federal Court orders*  is workplace bullying, or any other bullying, mentioned and the Federal Court has not found Joe McDonald guilty of workplace bullying. The best that can be said is that Joe McDonald has a history of intimidation on construction sites and that this has created tense relations between the workforce and employers (perhaps a confused safety culture) and generated delays in construction.

Does this all matter? Yes

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Coroner calls for fresh approach to OHS in small business

Ever since the UK Government reduced the occupational health and safety (OHS) obligations on small business, there have been concerns that a similar strategy could occur in Australia.  Of all the States in Australia, Victoria is the most likely to mirror the UK actions, particularly as its WorkSafe organisation continues with its restructuring and (ridiculous) rebranding, and Victoria’s conservative government continues to see OHS as a red tape issue for small business.  However a recent finding by the Queensland Coroner should be considered very seriously when thinking of OHS in small business.

In 2011 Adam Douglas Forster

” … came close to the rotating ball mill, then accidently (sic) became ensnared by the protruding bolts and was dragged underneath the ball mill which continued to rotate, thereby causing his fatal injuries.”

The inquest found

“There were no guards, barriers or other apparatus restricting access by any persons to the ball mill.” and

Forster “did not know how to turn the ball mill on or off”. Continue reading “Coroner calls for fresh approach to OHS in small business”

One man’s frustration with OHS illustrates larger safety dysfunctions

Terry Reis has written a terrific article about how occupational health and safety (OHS) requirements can impede his work as a fauna ecologist.  Instead of whingeing about green or red tape, Terry has provided examples of the annoyance which allows me to build an article in response.  This article is in no way a rebuttal as I agree with most of Terry’s grievances, but there can be reasons behind some of the grievances that are likely to be unrelated to OHS or illustrate poor OHS decisions.

Some of the issues Terry raises include:

  • Inductions
  • PPE
  • Working Alone
  • OHS arguments
  • Drug and Alcohol Testing
  • Permits

Inductions

Terry mentions the irrelevance of many OHS inductions and his article seems to indicate a dysfunctional induction program.  The intention of inductions is to outline the safety rules of a workplace or task but most are boring, condescending or include information that is unrelated to the task. The reality of many inductions is that they are a mechanism to have workers sign up and indicate they have understood all of their safety obligations on a site so that there is a clearer line of responsibility in the event of an incident.   Continue reading “One man’s frustration with OHS illustrates larger safety dysfunctions”

Citi Research report provides insight into Australian corporate safety performance

On 29 January 2014 Australia’s Fairfax newspapers published an article called “Safety performances at Australia’s top companies is serious business” written by Adele Ferguson.  The article is based on an analysis by Citi Research of the safety performance of companies listed in Australia’s ASX100 share index.  Citi Research (Citi) has kindly provided SafetyAtWorkBlog with a copy of this report developed for its fund manager and superfund clients.  It is a terrific reference document providing a useful insight to the OHS performance of prominent Australian corporations.  It cannot be definitive but we know of nothing else like it in Australia.

In the Fairfax article Ferguson wrote:

“While safety is a complex issue largely due to the fact that safety records are difficult to measure and difficult to compare across companies and industries, it is an important area to explore. For starters, it is a good proxy for the way a company deals with staff and manages risk more generally.”

Safety does not have to be complex but the measurement of safety performance can be as, even though there is a (dreadfully outdated) Australian Standard for measuring OHS performance, companies tweak the existing measures and the principal measurement, the Lost Time Injury Frequency Rate (LTIFR), has been found to be a flawed indicator.  LTIFR is tolerated as a measurement simply because a better alternative has not been developed or widely accepted.

The Citi Research report lists LTIFRs for most of the 117 companies but it balances this with almost as many Total Recordable Injury Frequency Rates (TRIFR).  

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Interesting new appointment at South Australia’s Master Builders

Modern workers rarely stay in jobs longer than six or seven years because they choose to move on or are working on projects that have a short lifespan. Sometimes opportunities arise that can steer people in unpredictable directions, sometimes to positions of influence.  One example of this type of journey could be Ian Markos.

One newspaper recently wrote:

“The recently appointed director of policy for the SA branch of the MBA, Ian Markos, said a “nanny state” approach was stifling job creation. “There’s a raft of laws and regulations. You’ve got employment laws, you’ve got taxation laws, you’ve got environmental laws, you’ve got work health and safety laws, local council regulations. We’re saying enough is enough,” he said.”

Criticism of occupational health and safety (OHS) laws is not surprising from the Master Builders Association but Ian Markos was with South Australia’s OHS regulator, SafeWorkSA, for many years (with a once-only appearance on Gardening Australia) as the Chief Officer, Compliance, Advisory, Legal and Investigations. Continue reading “Interesting new appointment at South Australia’s Master Builders”

Serious questions raised about the effectiveness of OHS enforcement strategies

Richard Johnstone is always worth reading as he writes perceptively about occupational health and safety (OHS) and its enforcement.  The new book from Baywood PublishingSafety or Profit” provides a chapter by Johnstone that argues:

“…that despite the rhetoric of stronger enforcement and more robust prosecution, the dominant ideology of work health and safety enforcement – ambivalence about whether work health and safety offenses are “really criminal” and viewing prosecution as a “last resort” in the enforcement armory – still dominates the approach of Australian work health and safety regulators.” (page 113)

The importance of Johnstone’s chapter is that he reminds us that much of the current OHS debate is circular and limited and fails to question the soft enforcement strategy that has existed since the

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A bright new book on safety communications

Australian marketer and communicator, Marie-Claire Ross, has moved from video to print with a new book called “Transform Your Safety Communication“.  The book  approaches safety communications from the marketing perspective and provides a terrific primer in how to write about workplace safety effectively.

Marie-Claire Ross writes that

“Too often, safety professionals are taught about compliance, but not the right skills to influence and engage others.” (page 12)

This is not a deficiency of just the OHS academia.  Such a statement would equally apply to most professions.  Commercial communication skills, those required other than for essays, assignments and theses, are rarely included in any curriculum other than journalism and marketing.  As such, this book is likely to have benefits way beyond the safety profession. Continue reading “A bright new book on safety communications”

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