Tag: OHS

OHS is Dead. Long Live WHS.

Media reports on the 13 April 2012 Council of Australian Governments (COAG) meeting say that harmonisation of occupational health and safety laws in Australia has died.  Some say this is the fault of the Victorian Government with its economic justification for inaction but the process was struggling as soon as the West Australian Government flagged its major concerns, principally, with increased union powers, as reiterated in the Australian Financial Review on 14 April 2012 (not available on-line).

WA Premier Colin Barnett is quoted as saying that:

“There are three or four sections we don’t agree with and the principle one of those relates to right of entry [for trade unions]… We see that as an industrial issue.  Right of entry, it is was applied to OH&S, in all probability would be used by the unions to shut down the Pilbara iron ore operations…”

This is further evidence of the political dominance of the mining sector in Western Australia, if it was ever needed.

Victoria does not have the same excuse as the right of entry has existed for many years and almost totally without any industrial relations problems. Continue reading “OHS is Dead. Long Live WHS.”

Victoria’s analysis of OHS law costs is unhelpful politics

The Victorian Government has released the PricewaterhouseCooper (PwC) assessment of the potential economic impacts of the introduction of the national Work Health and safety laws.

The government media statement accompanying the report states that

“The proposed laws do not deliver on the intent of the COAG reform agreed to in 2008 which aimed to reduce the cost of regulation and enhance productivity and workforce mobility,” Mr Baillieu said.

“Victoria already has the safest system, the most effective system, the lowest rate of workplace injuries, illnesses and deaths of all states, and the lowest workers’ compensation premiums in the country.  It is estimated that it will cost Victoria $812 million to transition to the new model and $587 million a year in the first five years in ongoing costs to businesses.  Most of those costs will be borne by small enterprises which make up 90 per cent of Victorian businesses…,”

This media statement needs to be seen as, largely, political posturing. PwC has produced a report that confirms many of the suspicions that the conservative politicians in Victoria have held for some time. Continue reading “Victoria’s analysis of OHS law costs is unhelpful politics”

New Tooma OHS book augurs well for the rest of the series on due diligence

Tooma is a leading figure in Australia’s analysis and application of occupational health and safety (OHS) laws.  He has also been a regular author for publisher CCH.  His latest book on workplace health and safety is entitled “Due Diligence: Duty of Officers”. 

The process for harmonisation of OHS laws in Australia continues to be a rocky one but there are some elements emerging that, even if the laws are not applied in each State, will change the way that OHS is perceived in workplaces.  The increased involvement and accountability of senior managers has been a prominent concern through the review process and is a valid starting point for this new series of books.

Tooma writes in the Preface that the series is designed for the “busy executive” (Is there any other kind?) as an explanation for the tone and structure of the book.  The book is what has been traditionally described as an “easy read”.  I take this as meaning a clean, well-spaced font, minimal footnoting and cross-references.  There is a good use of graphics and tables but sometimes the short case studies or examples break up the page too much in such a small formatted book. Continue reading “New Tooma OHS book augurs well for the rest of the series on due diligence”

Substantial change in OHS needs clever politics

According to the UK Department of Work and Pensions (DWP), from 6 April 2012 businesses will no longer be obliged to notify the Health & Safety Executive of those injuries that result in a worker’s absence of up to seven days.  The DWP’s media statement about these changes estimates:

“The change to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 will see a fall of around 30 per cent in the number of incidents that must be reported by law – an average of around 30,000 fewer reports a year. The move is estimated to save businesses 10,000 hours a year.”

The business saving claim is very dubious (see below) as companies will still need to process any workers’ compensation claim or medical costs generated by the incident.  OHS professionals and safety managers will still need to investigate the incident and identify measures to prevent a recurrence.  These costs will continue. Continue reading “Substantial change in OHS needs clever politics”

Accuracy on OHS laws, services and products is essential

The following article illustrates how important it is for companies to maintain accuracy when writing a media release about safety laws.  The internet allows for inaccuracies to become widely distributed and for these to gain some legitimacy through the re-publication on various OHS, magazine and news websites.

Asbestos Audits International issued a media release in early April 2012 stating the following:

“On January 1st, 2012, new Australian Model Health and Safety legislation came into effect dictating workplace buildings constructed before 2004 must have an asbestos audit. The legislation outlines building owners, building managers and property managers are responsible for these audits. Continue reading “Accuracy on OHS laws, services and products is essential”

Is OHS harmonisation a dead parrot or is it just pining?

In The Australian newspaper on 3 April 2012, Judith Sloan presents a useful summary of the status of the OHS harmonisation process.  Many of her criticisms are valid but she has not realised that the new Work Health and Safety laws stopped being occupational health and safety laws some time ago.  It is easier to understand the proposed changes if one accepts that these laws have broadened beyond the workplace to operate more as public health and safety laws.

It is possible to accept Sloan’s assertion of the “demise”of OHS harmonisation but if seen in the light of an integrated public/workplace health and safety law, the harmonisation process may be a welcome beginning to a broader application of safety in public and occupational lives.

The acceptance of this interpretation provides very different comparisons and linkages.  For instance, the shopper tripping on a mat in the vegetable section of a supermarket was likely, in the past, to receive recompense through public liability insurance. Now it could equally be under OHS laws.  The regulation of potential legionella sources was through the Health Department, even though many of these are in workplaces and often affect workers first.  Should cooling towers have been assessed by hygienists or occupational hygienists?  Should these be managed under an employer’s OHS management system or through the facilities manager or landlord?
Continue reading “Is OHS harmonisation a dead parrot or is it just pining?”

Union protest is a dry run for Workcover Review and Workers’ Memorial Day

The next stage of a union campaign over the management of workers’ compensation premiums in Victoria occurred in late March 2012.  Trade unions are angry that the Liberal Government of Premier Ted Baillieu has chosen to remove almost $A500 million from the Victorian Workcover Authority (VWA) fund to be allocated to general revenue.  On the steps of Parliament several hundred union members and interested parties were told to “keep their hands off workers’ money”.  Some of this hyperbole needs a little analysis.

Several unionists stated that the workers’ compensation fund is “workers’ money”.  Yes and no.  Yes in that almost revenue created by business comes from labour but when workers’ compensation is required, by law, to be paid to the Workcover Authority by employers, the ownership is a couple of steps away from workers.  Also Workcover takes the premiums as an economic base to invest in the hope of increasing the total fund through dividends and other returns.  The total fund includes premiums and returns on investment, over which workers have no influence. Continue reading “Union protest is a dry run for Workcover Review and Workers’ Memorial Day”

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