The Social Media is the Message

Melody Kemp in Vientiane writes:

The apoplectic brouhaha that greeted Wikileaks in the past few months has shown us the power of the internet to upstage, discomfit and enrage.  Governments like corporations operate under a variety of ‘commercial-in-confidence’ scores, the cadence of which changes with the degree of self interest at hand.  That Wikileaks has been disclosing documents for years is of no consequence to our reactionary leaders.  Just as labour groups and activists, long been warning industry about workplace hazards, have been greeted with similarly leaden ears.

Earlier this year, a delegation of international labour activists and trade union leaders visited Laos.  While being taken around various work sites by Lao trade union and government officials, they were horrified to find bags of asbestos labeled Produced In China in one roofing tile fabrication shop.  They should not have been surprised.  The nominal communist bloc states of Asia have close trade, military and strategic ties.  In that bloc the proletariat has little status and, like mushrooms, are generally kept in the dark.

One of Lao’s four Vice Presidents is known to foster and enjoy close and at times unseemly business relationships with Yunnan, Continue reading “The Social Media is the Message”

Mental health initiative needs broader remit

One of the fastest growing areas of occupational health and safety is psychological wellbeing. This goes under many different titles, brands and trademarks but mental health seems to be the dominant term at the moment. On 22 December 2010, the Australian Government faced the reality of the issue and created a mental health working group that includes many of the government’s harshest critics, including 2010 Australian of the Year, Professor Paddy McGorry.

This is a positive initiative but as with much of the recent criticism of mental health, workplace mental health often draws the short straw. There is a belief that social policies flow to the workplace but we know that this is not the reality.   If it was, OHS laws would not have been required, as social morality would have ensured that workers were safe without governmental intervention. Continue reading “Mental health initiative needs broader remit”

New documentary of the politics of OHS regulation in the United States

Two years ago, Rachel Maddow in the United States reported on the performance of the Occupational Safety & Health Administration (OSHA) under President George W Bush revealed by the Washington Post.  Cavelight Films is in the process of completing a film, Cost of Construction, First video below) which looks at the big OSHA and political context as it relates to the safety performance on a major construction project in Las Vegas.

From the trailer above, and additional information available through the Cavelight website, the film  illustrates the dubious societal value of basic capitalist approaches to workplace safety. Continue reading “New documentary of the politics of OHS regulation in the United States”

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation.  Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”.  The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient.  Taking the election context away for a moment indicates a  challenge for those anti-bullying advocates.  Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge.  In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform.   Continue reading “Election failure, missed opportunities on bullying”

Harmonisation becomes more difficult with loss of another political support base

The Australian Government faces another hurdle in its strategy for OHS harmonisation with another State Government, Victoria, falling to the conservative Liberal /National party coalition. OHS has hardly been mentioned in the state election campaign as all of the reform action is at a national level but, as Mark Skulley reports in the Australian Financial Review (AFR) on 29 November 2010 (not available online):

“…the Coalition will be more critical of the state’s militant unions, particularly when it comes to major infrastructure projects, and take a more sceptical line on the Gillard government’s push for a national occupational health and safety regime.”

A Skulley article in the 30 November 2010 AFR indicates that the Australian Council of Trade Unions has received a strategy document that has “urged unions to become more independent of the ALP [Australian labour party]..”

As the union movement is the strongest and loudest advocate for occupational health and safety in Australia, union policies and strategies should be of great interest to the OHS profession.

Until Prime Minister Gillard makes her next statement, or mention, of OHS legal reform publicly, the harmonisation process is in serious limbo. This on the eve of the release of draft OHS regulations and codes of practice.

Kevin Jones

Analysis of Montara oil spill reports begins

Legal analysis of the Montara oil spill inquiry reports have started to emerge.  One of the first is by Allens Arthur Robinson (AAR).  It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured.  To many the explosion has far more relevance as an environmental or process safety matter but considerable benefit can be gained by realising the Montara oil disaster was a substantial near-miss.

AAR looks at broader impacts of the Australian government’s response to the disaster.  AAR states that “we can expect to see moves by the Federal Government towards establishing a national regulator.”  Why should such a move only apply to offshore petroleum exploration?  If there is considerable administrative and regulatory advantages in a single petroleum exploration regulator, why not apply the same approach to the regulation of workplace safety? Continue reading “Analysis of Montara oil spill reports begins”

Australia needs a sound and credible OHS organisation

Any organisation that claims to be “considered by Industry and Governments to be the premier membership based organisation for the Safety Professional” establishes very high expectations in the community and its members.

At the end of November 2010 the Safety Institute of Australia (SIA) concluded what could be described as its annus horribilis with its 2010 Annual General Meeting in Melbourne.

2010 has been busy for the SIA on the home front with its Western Australia Division morphing into a new OHS organisation (with a loss of 4,000 members according to the National President’s report in the Annual Report), a National Secretary being suspended, a Fellow being accused of contempt of the National Board, legal action continuing over SIA-related matters and special general meetings occurring, or being organised by longstanding and disgruntled members.

The various ructions in the last 12 months have been described in the SIA Annual Report [not available publicly online] by the outgoing National President, as “ill-informed” and reflective of “a suburban tennis club”.

The National President also briefly discusses breaches of ethics.  It is good to see, in one way, that “most [ethical breaches] were dismissed as frivolous or vexatious”, but the fact that the perceived breaches were even lodged should indicate that the SIA needs to devote a great deal more resources into educating its membership on due process in this area, or in reviewing the administration of the Code of Conduct.

Annual General Meetings are an important element of corporate and organisational accountability.  Indeed, a quick description of AGMs says that

“An AGM is held every year to elect the Board of Directors and inform their members of previous and future activities.  It is an opportunity for the shareholders and partners to receive copies of the company’s accounts as well as reviewing fiscal information for the past year and asking any questions regarding the directions the business will take in the future.” Continue reading “Australia needs a sound and credible OHS organisation”

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