safety – Page 66 – SafetyAtWorkBlog

OHS law reform should not rely on Courts for clarification

Since the early 1970’s OHS law has been “de-lawyer-fied”. The intention of the law is to empower workers and employers to manage safety in the workplace to meet basic human rights – the right not to be injured at work, the obligation not to hurt others. Good law allows for the basic legislative tenets to be readily understood. Poor law is difficult to understand and leads to increased business and personal costs in order to determine compliance.

I would argue that Australia’s recent aim of the national harmonisation of OHS laws will lead to complexity and cost – the opposite of what was intended – and a disempowerment of the workforce as the legal imperative overrides the safety management obligation. The major weakness in the law is its seeming reliance on the Courts to clarify the laws, their application and their relevance.

Legal commentators on the laws have stated publicly that the impact of the law will not be clear for several years and that many questions about the laws will only be answered when prosecutions are brought and the Courts hand down decisions. This process is sloppy, should not be accepted unquestionably by OHS professionals and does almost nothing to help the vast majority of Australian businesses to comply. Continue reading “OHS law reform should not rely on Courts for clarification”

BHP Billiton receives minimal OHS penalty – time for a new approach

Some time ago a penalty concept circulated in Australia where OHS penalties were implemented as a percentage of as company’s revenue or profit. The concept gained renewed topicality in mid-July 2010 as BHP Billiton was penalised $A75,000 after the death of a worker, Scott Rigg. (Video report available)

The fine seems paltry for a fatality and more so when the company’s OHS record is taken into account. As the video report states, BHP Billiton could have been penalised $A200,000 but even this is a relatively small fine for such a company.

The Australian Government has been willing to apply a 40% tax on the mining industry’s profits but is unlikely to apply a percentage penalty in relation to OHS. Continue reading “BHP Billiton receives minimal OHS penalty – time for a new approach”

A gut feeling for workplace risk

We all do it, we use language to both inform and at times mislead. However, when the latter happens in the field of OHS it can be a very damaging to standards. I’d like to draw attention to one such (class of) circumstance but I’m not sure that the very language I need to use as demonstration will be acceptable within this communication domain.

Some years back I tried to provide a means for linguistic interaction between some academic language and that of workers. I hoped that parcels of theory and practice could interact to highlight strengths and weaknesses, as a kind of OHS reality check. Once a word or a concept is understood communication has only started as an approximation. I was trying to allude to other, subtler tools of language that must also be understood. For example, it’s important to take note of tone, irony, sarcasm, analogy and metaphor. These are all tools used in ordinary conversations, they not only deliver information, but may in fact provide pointers to essential meanings intended. It’s hardly news to state that even a pause or a comma can make all the difference. Try, “What is this thing called ‘Love’?” and “What is this thing called, Love?”

I asked a worker on a large demolition project (that within a year killed a man) how good was the local OHS system and how well was it supported by management. The response was less than enthusiastic. I then tried to get a sense for actual OHS practice, I needed a real example. I asked this measured, neck-tattooed forklift operator of about 56 how he decided what size and type of forklift to use for which load. Was there a policy? Was there a standard operating procedure (SOP)? Was there any written document…….. or what? He was sitting at the time in one of the heavy forklifts on the site, a large machine about to lift and shift a huge load. Continue reading “A gut feeling for workplace risk”

Montara oil spill report still not released and restlessness is increasing

At least one state government in Australia is becoming annoyed with the delayed release of the investigation report in to the Montara oil spill in the Timor Sea in 2009. The Federal Government has had the final report for almost one month.

In an ABC media report:

“The Country Liberals environment spokesman Peter Chandler [said] “There’s only one reason that anyone would want to stall releasing a report [and that] is because the report’s damning of perhaps both the Territory Government and the Federal Government in this matter,”….

The Australian Greens are also pursuing the final report.

Although the report will be of direct relevance to the oil and gas industries in Australia, the international significance from parallels with the BP Gulf of Mexico leak cannot be ignored. This resonance could also be part of the report’s delay as the government refines a media strategy for the release.

The need for cautious assessment is understandable but it is just possible that an early release of the final report will assist in the United States’ control and remediation measures in the Gulf, the prevention of similar incidents in the hundreds of existing and planned deep sea oil rigs in the US and avoid the Federal election hoo-ha that seems to have already begun in Australia.

Kevin Jones

A radicalised OHS profession may meet future social needs

The Australasian Faculty of Occupational and Environmental Medicine (AFOEM) has uploaded to the internet an hour-long discussion of their Position Statement on “Realising the Health Benefits of Work“.

Firstly AFOEM should be congratulated for sharing such a resource. Although the paper itself was launched in May 2010, to have access in July 2010 is a great achievement and an indication of the openness of the organisation and the importance the organisation places on the document.

Dr Robin Chase, President of AFOEM, says in his launch introduction that the dominant social perspective is that work is somehow bad for one’s health. This is a perspective that OHS professionals will struggle to counter as they are always on the look-out for hazard, the potential for harm, risks. Similarly HR people often are seen as providing services to assist workers in coping with workloads and workplace issues. Continue reading “A radicalised OHS profession may meet future social needs”

ICAP Congress of Applied Psychology is a neglected OHS resource

In July 2010, Melbourne Australia is hosting the 2010 conference of the International Congress of Applied Psychology. What was an OHS consultant at this conference? The question should be why wasn’t OHS consultants at this conference?

This conference is not about workplace safety, per se. It is about how people think and communicate. It provides research (some would say evidence), often about how people relate to each other at work. The exciting content of this ICAP Conference makes the Safety In Action Conference look like a history lesson.

The conference has made the full program and the speaker abstracts online, for free. Both are big PDF files but are excellent resources for those OHS professionals looking for the latest research into bullying, driver safety, health & wellbeing, organisational behaviour, leadership, fatigue, stress and other issues. Continue reading “ICAP Congress of Applied Psychology is a neglected OHS resource”

Psychological advice on handling people that is broadly applicable

The latest edition of Lawyers Weekly includes an article ostensibly about managing bullies in the legal profession written by psychologist, Dr Chris Day. The article provides some general tips, though, that are useful to any of us who need to make decisions refreshingly she reflects two options that I offer to my OHS clients on safety matters that do not include bullying. Dr Day says that any problem can be solved by these actions

“Leave…

Change the situation…

Accept the situation…

Do nothing….”

Leave and change are included in the OHS Hierarchy of Control under different terminology. Doing nothing is advice that few OHS consultants will give but is a strategy that many small businesses apply. Their risk management strategy is to press their luck and in some cases this can work. Continue reading “Psychological advice on handling people that is broadly applicable”

Tag: safety

OHS law reform should not rely on Courts for clarification

Like this:

BHP Billiton receives minimal OHS penalty – time for a new approach

Like this:

A gut feeling for workplace risk

Like this:

Montara oil spill report still not released and restlessness is increasing

Like this:

A radicalised OHS profession may meet future social needs

Like this:

ICAP Congress of Applied Psychology is a neglected OHS resource

Like this:

Psychological advice on handling people that is broadly applicable

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: