Tag: OHS

Business groups have different stances on harmonisation issues

The politics of the Australian print media may be illustrated by an article in The Australian Financial Review (AFR) (only available through subscription or hard copy) on 27 July 2011 that, essential contrasts yesterday’s article in The Australian.

Today’s AFR article places the Australian Industry Group (AiGroup) and the Business Council of Australia (BCA) in contrast to the ACCI and the NSW Minerals Council over the implementation timetable on OHS harmonisation.  Mark Goodsell of AiGroup said in the AFR that all parties have been able to voice their concerns throughout this three year review process:

“So we would be very disappointed if there was a fracturing of commitment to harmonisation or if the timetable was pushed out.”

The objection to an extension of time places AiGroup in opposition to the WA Government’s Commerce Minister Simon O’Brien. Continue reading “Business groups have different stances on harmonisation issues”

Harmonisation timetable stoush

The Australian newspaper has reported serious threats to the Australian Government’s timetable for the harmonisation of OHS laws.  A threat to the government’s strategy was always possible from the fact that State government’s were likely to change from predominantly Labor Party States to Conservative parties over the period of harmonisation.  The Australian says that the threat is becoming a reality.

Western Australia, an unhappy participant in harmonisation, has begun questioning the deadline of 1 January 2012 for the introduction of harmonised OHS laws.  The WA government has been a consistent critic of some of the element s of the process but, to some extent, the latest statement from West Australia’s Commerce Minister Simon O’Brien could be interpreted as a willingness to sign up to the changes if more time for implementation is granted.

O’Brien and the WA government may be receiving some support from political colleagues in Victoria going by the comments from the Victorian Government.  In an almost unique acknowledgement of the harmonisation process a spokesperson said:

“The focus of developing a national OHS framework should be not on harmonisation for harmonisation’s sake, but rather on achieving beneficial outcomes, both for the nation as well as Victoria…..In addition, any harmonised national OHS framework must not result in increased compliance costs and more onerous regulations.”

The mention of national interest aligns well with WA’s objections. Continue reading “Harmonisation timetable stoush”

Fatigue dispute illustrates ideological clash

The Australian newspaper reports today (26 July 2011) of a clash between the Construction Forestry Mining & Energy Union (CFMEU) and BHP Billiton over fatigue management.  Fatigue management is one of the workplace hazards scheduled for a draft code of practice under the OHS harmonisation process.

The CFMEU believes that the current mining-related guidance  is inadequate.

“The Construction Forestry Mining and Energy Union says the government buckled under industry pressure and abandoned plans for binding industry standards that would minimise the risk of workers doing successive 12-hour shifts and then driving long distances on public roads.”

The flaw in the CFMEU’s campaign is that it has been selective in its choice of fatigue documentation.  Looking at the industry sector rather than the hazard or risk limits the hazard control options.  In the current case the CFMEU is not acknowledging many of the fatigue guidancesand documents that are available from Workplace Health and Safety Queensland or from some of the other States and even from overseas as this Safe Work Australia document from 2006 shows.

In fact the narrow selection of guidance in this instance makes a strong case for greater collaboration in the development of information across industry sectors and State jurisdictions – one of the aims of harmonisation. Continue reading “Fatigue dispute illustrates ideological clash”

Draft mining OHS documents cause concern

The draft OHS documents for mining  in Australia seemed like a fairly rudimentary release in Australia’s move to harmonisation of its safety laws but several issues have appeared in the media since the draft’s release.

The CEO of the New South Wales Minerals Council, Nikki Williams, found something other than the carbon tax to discuss during the council’s annual safety conference.

Although her audience is principally NSW miners, Williams does have a national perspective.

“Each State is drafting their new laws individually and using different models. There are missing components and a large number of inconsistencies.

If this process continues unchecked, the prospect of genuine legislative reform that will deliver a world leading mining regulatory framework appears very remote.

“We are deeply disappointed that this has not been resolved and question why the core WHS regulations couldn’t be developed to effectively regulate all mining states.”

In some ways, Williams’ words show a misunderstanding of the laws. The laws are intended to manage mining, not the companies, not the States, not the workers. The safety of the mining process is the target. It is possible to focus on the safety of a process or industry without considering the politics, at the outset. Continue reading “Draft mining OHS documents cause concern”

Fall Arrest vs. Fall Restraint

This post was written by Rigid Lifelines, a provider of fall protection and fall arrest systems. They provide fall safety solutions to a variety of different industries.

The terminology surrounding fall protection systems may seem complex, but it is important to understand the basic systems and terms to choose the fall protection solution best suited to a customer’s needs.  For example, the terms “fall arrest” and “fall restraint” may at first glance seem indistinguishable. Both fall under the rubric of “fall protection,” but there are important distinctions.

The main difference between arrest and restraint is an “arrest” occurs after a person freefalls through space. In other words, the system stops a worker’s fall that has already occurred, preventing impact at a lower level. In a fall restraint system, however, the worker is restrained from reaching a fall hazard. In such cases, the fall restraint would typically be provided by a fixed-length lanyard and a body harness or body belt. The lanyard acts as a leash, preventing the worker from reaching the leading edge.

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WorkSafe Victoria provides insight into bullying investigations

It has been known for some time that OHS regulators struggle with handling reports of workplace bullying.  Investigation of these hazards requires new inspectorate skills and take considerable time.  Investigations of bullying involve people and this is always more involved than inspecting a missing machine guard or assessing the operation of a forklift.  However, in an article in the Fairfax media on 24 July 2011 WorkSafe Victoria provides some surprising statistics that show a new perspective on workplace bullying and a contrast to recent statistics from Comcare.

The most significant statistic is that, of the 6000 reports of workplace bullying within the last 12 months, only 600 warrant further investigation and, of those, around 60 generate a physical inspection of the workplace.  These statistics may indicate a range of issues:

  • OHS regulators require greater number of inspectors.
  • Workplace bullying is being critically misunderstood by the community.
  • Workers are confused about where to report their treatment and choose WorkSafe as the agency with the highest profile for workplace issues.
  • Other workplace-related agencies and authorities, such as Fair Work Australia and the Australian Human Rights Commission, need to raise their profiles on this issue.
What is missing from the WorkSafe statistics above is the next level of intervention.  What action is being taken by the inspector?  Will prosecutions occur?  Are improvement notices applied?  There may be just as wide a gap between the 60 inspections and an appearance in court.

For readers’ interest searching for “bullying” on the Fair Work Australia site reveals no results however the Australian Human Rights Commission site results in several references – a clarification of violence, harassment and bullying (with links for further information) and a workplace bullying factsheet. Continue reading “WorkSafe Victoria provides insight into bullying investigations”

Academic clarifies objections to sex work

Caroline Norma of RMIT University responded to some questions about sex work and brothel safety put to her by SafetyAtWorkBlog in response to her recently published opinion piece.  This article is a companion piece to an earlier SafetyAtWorkBlog article on sex work and safety.

SAWB: What action do you recommend that brothel owners should take, beyond the current legislative and licensing requirements, to ensure that only safe sex occurs on their premises?

CN: “Brothel owners are currently commissioning violence against women by operating prostitution businesses.  Prostitution is inherently a practice of violence against women, and can’t be made ‘safe’ for women by any action by pimps.  In fact, brothel owners have a financial conflict of interest with regards to ensuring the safety of women in their venues, because clients will pay more for unprotected sex acts, violent sex, body punishing sex acts like anal penetration, sex with younger women, etc.” Continue reading “Academic clarifies objections to sex work”

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