Employees’ OHS responsibility and working beyond the maximum hours

One of the most powerful motivators for behavioural change in workplaces is the legislative obligation on employees to not put themselves at risk of injury nor to act in such a way as to place others at risk.

Reported in the Australian media on 31 March 2010, Fair Work Australia has ruled that employees in the fruit-picking industry may volunteer for work beyond the standard 38-hour week without receiving penalty rates or overtime.  The union movement is understandably concerned about how this financially disadvantages workers and how this ruling may spread beyond the fruit-picking industry.

The ruling allows fruit-pickers to choose to work beyond their regular shifts.  Will they be able to work safely?  Will they not be fatigued?  Will they have sufficient daylight to undertake the tasks safely?  Will there be sufficient downtime for workers to recover from a long work day and be fit for work?  Could the workers’ choice to undertake additional fruit-picking tasks be a breach of their OHS obligations to look after their own safety, health and welfare?

The employees may choose to ignore their own occupational health for the sake of additional dollars but should they then be eligible for workers’ compensation if the effects of those longer hours are found to have contributed to an injury or illness? Continue reading “Employees’ OHS responsibility and working beyond the maximum hours”

The first workers’ compensation harmonisation meeting a sham: unions

“The conference inside is a bit of a sham” claimed Brian Boyd, Victorian Trades Hall Secretary at the first meeting into the harmonisation of Australia’s workers compensation laws.

“It’s really another hidden agenda about trying to harmonise workers comp after we fully know already, they’ve messed up harmonisation of OHS.”

Continue reading “The first workers’ compensation harmonisation meeting a sham: unions”

Australian MP mentions workplace bullying but is short on practical controls

On 18 March 2010, the last sitting day of that session of Australia’s Parliament, Labor Member of Parliament , Bill Shorten, spoke about workplace bullying and the OHS prosecutions that stemmed from the bullying and suicide of Brodie Panlock.  Some of his short speech rehashed details of the workplace bullying prosecutions but, according to the draft of Hansard (page 93), Shorten made some useful remarks:

“I rise to speak on the issue of workplace bullying.  We would not think it was acceptable for people to come to work and be exposed to asbestos or toxic chemicals.  We should not think, therefore, that it is appropriate for them to be exposed to the toxic behaviour that is sustained and malicious bullying.  I believe that this kind of bullying is something which can be eradicated.  We have changed attitudes on smoking in the workplace and on sexual harassment; there is no reason why we cannot eliminate forever bullying in the workplace.

Bullying is an absence of kindness and Continue reading “Australian MP mentions workplace bullying but is short on practical controls”

LTIFRs (sort of) gone from Australia Post

The Communications Division of the CEPU has been in negotiations with Australia Post for some time to establish a pathway to better industrial relations.  On 18 March 2010 a memorandum of understanding (MOU) was signed between the two parties, committing both to progress.

Of direct OHS interest is the following paragraph in the media statement about the MOU:

“As a gesture of good faith the MOU contains commitments from all parties that will apply immediately:

  • Australia Post will host a summit in April between senior executives including the Managing Director and senior CEPU representatives on the future challenges facing the business, the unions and their members; and
  • The removal of Lost Time Injury Frequency Rate’s in bonus targets for managers.”

Whether OHS will be discussed at the summit is unknown but the removal of LTIFR is of significance to OHS professionals.

Continue reading “LTIFRs (sort of) gone from Australia Post”

Harmonisation of Australia’s workers’ compensation system begins

SafetyAtWorkBlog has learnt that the national harmonisation process for workers’ compensation has formally begun with one of the first meetings being scheduled in Melbourne at the end of March 2010 and organised by Safe Work Australia.  The two-day meeting is invitation only and invitations have been sent to relevant stakeholders – insurers, rehabilitation, providers, unions…… The meeting is almost an introduction to the reform process but could provide a clear indication of the tensions and challenges for this program in the future.

Workers compensation issues in South Australia have been receiving considerable coverage in SafetyAtWorkBlog over the last few weeks.  The bigger picture in the complaints that the Australian Government has committed to a program of national harmonisation of workers’ compensation schemes, currently administered separate by each State.  This process is a bigger challenge than harmonising workplace safety laws and may be bigger than the reintroduction of a more worker-friendly industrial relations system.

The ABC News bulletin (video available) in Melbourne on 17 March 2010 ran a lead story about doctors’ reluctance to treat injured workers Continue reading “Harmonisation of Australia’s workers’ compensation system begins”

Public sector union capitalises on WorkSafe bullying campaign

Through March 2010, WorkSafe Victoria is running a series of seminars on the issue of workplace bullying throughout Victoria.  In support of the campaign, the OHS regulator has a series of ads in the newspapers (pictured below left)

Cheekily the Community & Public Sector Union has “piggybacked” on the promotional campaign emphasising that the Victorian Government is changing the law to make it more difficult to claim workers’ compensation Continue reading “Public sector union capitalises on WorkSafe bullying campaign”

Non-mainstream media acknowledges the realities of workplace fatalities

Bernard Keane writing in online newsletter, Crikey, is one of the few who has reported on the Australian Government’s insulation scheme debacle and kept the fact of worker deaths as more than just a moral sideline to the issue.

On 3 March 2010, Keane wrote a very good article which draws on the political and media attitudes to worker deaths over the last decade in Australia.  He highlights the political expediency of selective reporting and commentary on safety issues.  Many of the comments and assertions made at the Cole Royal Commission are still reiterated today and form the basis of some political party policies.

Given the recent media coverage on workplace bullying, Keane’s reminder on the deaths and suicides in the Australian Defence Forces and the political reticence to do anything on the matter, is timely.

It is only six weeks before the International Workers’ Memorial day,  (28 April 2010).  The 2010 commemoration is likely to be one of the most political events since it began almost two decades ago.

Some of the statistics that fueled the outrage against then-Environment Minister, Peter Garrett, are seriously questioned in this blog article at Pollytics.com.

Kevin Jones

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