Tag: politics

Australian senator sees OHS consultation as “collusion”

In response to correspondence from an Australian safety professional, Senator Eric Abetz, Federal Shadow Minister for Employment and Workplace Relations, has displayed his ignorance of occupational health and safety (OHS) laws.  In the  email response, reproduced in full below and dated 26 April 2012, Senator Abetz, accuses “big Government” “big unions and big business” of colluding on the development of Codes of Practice.

Abetz shows his misunderstanding of the status of codes of practice in the regulation of OHS.  He also uses a DRAFT  code of practice to illustrate the absurdity of new OHS laws, a draft that is having a contentious route but is expected to be considerably changed in the final version.

The draft code he chooses is workplace bullying and the senator tries to illustrate how silly this code’s suggestions are by hypothesizing a small business.  He chooses a two person plumbing firm.  How different his perspective could have been should he have chosen a real small business workplace bullying case that resulted in a worker killing herself.  How convenient to avoid the Cafe Vamp example. Continue reading “Australian senator sees OHS consultation as “collusion””

Evidence of the need to change how and why we work

Last week Professor Rod McClure of the Monash Injury Research Institute urged Australian safety professionals to look at the ecology of safety and injury prevention.  By using the term “ecology” outside of the colloquial, he was advocating that we search for a universal theory of injury prevention.  In short, he urged us to broaden our understanding of safety to embrace new perspectives.  It could also be argued that he wanted to break the safety profession out of its malaise and generate some social activism on injury prevention – a philosophical kick in the pants.

Before discussing the latest research Australia’s Barbara Pocock has undertaken, with her colleagues Natalie Skinner and Philippa Williams, the challenge of achieving some degree of balance between the two social activities of work and non-work can be indicated by a graph provided by Dick Bryan and Mike Rafferty in a recent DISSENT magazine article about financial risk.

In 2008 people in Australian households were working over 50 hours per week.  The reasons for this are of less relevance than the fact that Australian workers are well beyond the 40-hour work week, not including any travel time.  Work has a social cost as well as a social benefit and any discussion (debate?) over productivity, as is currently occurring in Australia, must also consider the social cost of this productivity.  The graph above is a symptom of the challenge of achieving a decent quality of life and a functional level of productivity – the challenge that Pocock, Skinner and Williams have undertaken. Continue reading “Evidence of the need to change how and why we work”

Zero Harm is a “fallacious deception” – thoughts on the 2012 Safety In Action Conference

Overall the Safety In Action Conference, currently occurring in Melbourne, has been consistent but without any standout moments.  However there have been nuggets of interest from the speakers and insight from some of the participants.

Andrew Douglas of M+K Lawyers was blunt in describing some of the actions between State Governments and the Federal Government over the harmonisation of occupational health and safety laws as “extortion” that is impeding much-needed growth.  Also, he was clear that the most effective people to undertake investigations of workplace incidents were OHS professionals as safety is their expertise.  He was adamant that lawyers are experts in law and safety professionals in safety but that they must work cooperatively.

Gerard Forlin was an enormously entertaining presenter who should have been a keynote speaker as, he himself said, he was only warming up after his half hour.  His comparisons between Australian and UK OHS law were insightful.  Industrial manslaughter laws are out of vogue in Australia but Forlin stated that corporate manslaughter laws have contributed to an increased focus on safety by senior executives, even though prosecutions under those laws have been curiously targeted. Continue reading “Zero Harm is a “fallacious deception” – thoughts on the 2012 Safety In Action Conference”

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”

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”

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?”

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