Is tripartite consultation still the way to go?

Australia's recently announced review into model OHS laws is firmly bound by the tripartite consultative structure formalised by Lord Robens in the early 1970s and comprising government, uniuons and employers. This is a sensbile structure as it involves all of the major influences in Australian workplaces. But just how relevant is it now, thirty years later?

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Australia’s recently announced review into model OHS laws is firmly bound by the tripartite consultative structure formalised by Lord Robens in the early 1970s and comprising government, uniuons and employers. This is a sensbile structure as it involves all of the major influences in Australian workplaces. But just how relevant is it now, thirty years later?

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Safety Professionals and Social Safety

Many OHS professionals however come from academic, or office or technical backgrounds, who have mostly experienced industrial relations as barriers to the sensible safety control measures they recommend. Frequently union and employee stances don’t make OHS sense but they make perfectly sound IR sense. It is this dichotomy that is behind those safety professionals and employers who accuse unions of “using” OHS to further industrial relations ends.

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Many OHS professionals however come from academic, or office or technical backgrounds, who have mostly experienced industrial relations as barriers to the sensible safety control measures they recommend. Frequently union and employee stances don’t make OHS sense but they make perfectly sound IR sense. It is this dichotomy that is behind those safety professionals and employers who accuse unions of “using” OHS to further industrial relations ends.

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The Blind at Work and in the Street

At the moment I am reviewing a draft OHS compliance code for amenities at the workplace. I am also working a morning shift for a communications company from 3am each morning. I have a blind father. My office faces a truck route.

These elements of my life combined when I received a wire story this morning about an initiative to increase the level of pedestrian safety. I found the National Federation for the Blind media release that the article was based on and decided that the request for “a two-year study to determine the best means to provide the blind and other pedestrians with information about the location, motion, speed, and direction of vehicles” fairly reasonable and I look forward to the findings in 2010.

At the moment I am reviewing a draft OHS compliance code for amenities at the workplace. I am also working a morning shift for a communications company from 3am each morning. I have a blind father. My office faces a truck route.

These elements of my life combined when I received a wire story this morning about an initiative to increase the level of pedestrian safety. I found the National Federation for the Blind media release that the article was based on and decided that the request for “a two-year study to determine the best means to provide the blind and other pedestrians with information about the location, motion, speed, and direction of vehicles” fairly reasonable and I look forward to the findings in 2010.

It will be interesting to watch the response that this US Bill will generate from those who see our world changing to accommodate minorities, those driving enthusiasts that give pedestrians and bikes little attention anyway, those advocates who say that pedestrian lights don’t remain on long enough and the right-wing critics of political correctness who are usually fully-sighted ( in the vision sense at least) and able-bodied.

Some of the issues the Secretary of Transportation should consider are:

  • How did blind people in China cope when that country depended almost 100% on bicycle transport? Bikes aren’t silent.
  • Aren’t cars being designed now specifically to minimise the damage to a pedestrian from a front-on collision? Let’s not go near the issue of bull-bars and car protection bars.
  • I know that the blind want to be independent but if I am elderly or disabled, I would not reject assistance in crossing a road. Don’t pedestrians offer assistance any more?
  • All age groups should be considered in the study as able-bodied pedestrians may be distracted or otherwise inattentive.

Basic ergonomic theory is that we don’t try to fit the person to the work environment. Perhaps urban planners and car manufacturers should consider how they can change what they do to ensure that the vehicles are compatible with pedestrian zones and interaction. I for one would ride my bicycle more if the streets were more friendly and drivers more aware.

How do workplace amenities and morning shift affect my perspective? I am not sure that the draft compliance code accommodates disabled workers so I will need to review the document through my father’s eyes, ineffective as they are.

Toilets in many office buildings have Braille labels below the male and female toilet signs. I often wonder how a blind person locates a 6cm Braille label on a 18 square metre wall when they are bursting for a pee and are new to that area. And from experience most people develop blindness after middle age and have little chance of learning Braille so just how many blind people are we serving by Braille toilet signs?

Accountability for industrial accidents in Malaysia

This last week, the New Strait Times reported on an initiative by the Malaysian government to increase companies’ responsibility for workplace safety by making “professionals” “responsible for accidents in the workplace”.

It may be a terminological argument about whether safety professionals or risk managers or company directors are to be held personally responsible for safety infringements and incidents

This last week, the New Strait Times reported on an initiative by the Malaysian government to increase companies’ responsibility for workplace safety by making “professionals” “responsible for accidents in the workplace”.

It may be a terminological argument about whether safety professionals or risk managers or company directors are to be held personally responsible for safety infringements and incidents – a discussion that is echoed in many jurisdictions around the world. It is likely to result in some reassessment of management responsibility in Malaysian companies. I would also speculate that the applications for OHS manager jobs may decline in Malaysia.

The article quotes the Human Resources Minister Datuk Dr S. Subramaniam as saying “If a crane accident occurs at a construction site, we want the engineers involved in ensuring the crane’s safety to be answerable.”

The initiative is clearly one that is directly related to the limited resources available to a safety regulator when every business is a workplace. Again this is a problem shared by regulators worldwide.

What is interesting is that this position has not (yet) evolved into one of corporate killing or industrial manslaughter legislation or corporate accountability, as it has elsewhere. Always the case by employer groups is that such a level of accountability would deter businesses from entering activities which would present an unacceptable level of risk, thereby harming economic growth. I suspect that the level of economic growth in Malaysia and the Asian region is likely to keep the debate going for quite some time without any resolution.

Note: a short video of  Datuk Dr S. Subramaniam speaking at the April 2008 conference is available HERE at the 2.43 minute mark

Is health promotion a workplace safety matter?

I have undertaken work for companies that promote wellness and good health in workplaces.  The companies provide health assessments for various conditions, health advice, fitness services and assessments, and a redesigned staff canteen for healthier food.  All of these initiatives are worthwhile but have not been embraced by the wider workplace safety sector.

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OHS Frustrations and Lobbying

There is a minor professional debate developing amongst Australian safety practitioners on whether occupational health and safety should sit under a government’s industrial relations portfolio or health. In Australia it is in industrial relations, the US has it under the Centre for Disease Control and NIOSH, the UK has OHS more under IR than elsewhere but it has at least expanded OHS to include biological hazards.

There is a minor professional debate developing amongst Australian safety practitioners on whether occupational health and safety should sit under a government’s industrial relations portfolio or health. In Australia it is in industrial relations, the US has it under the Centre for Disease Control and NIOSH, the UK has OHS more under IR than elsewhere but it has at least expanded OHS to include biological hazards.

It is refreshing to have a debate occurring over an arrangement or concept that has existed for over 40 years. Traditional ways of doing everything regularly need to be challenged or questioned in order to achieve improvement. But I am not sure about one OHS academic’s call to swap government departments, particularly as a State health department is being investigated over the deaths of five residents in an aged care facility from food poisoning. I don’t see what could be gained by the switch except that real injury data could be collected and that a scientific rigour be applied to OHS research. I am not convinced that this is enough reason to swap.

The state of health research funding and resources is better than under industrial relations but only just, and OHS would then be competing in a more cluttered field of researchers. Much of the suggestion in the press and in talking with colleagues hints at a strategic retreat. Sometimes I perceive a professional fatigue with the slow pace of change. Part of the reason is that until late in 2007 Australia had the same Prime Minister, John Howard, and political philosophy for over 12 years, far too long for any political reign in my opinion. And the government has not been interested in occupational health and safety one bit. No initiatives of the Howard government have improved workplace safety and, indeed, I would say that the industrial relations initiatives (revolution) have severely weakened the OHS consultative frameworks in companies, and the prominence of OHS (such as it was) that existed in the community.

The government argues that injury rates are decreasing and they are, but the way of measuring such statistics has been flawed for decades. It was the unwillingness to do anything about this point that generated some of the calls to switch OHS jurisdictions. The switch suggestion is, I think, an acknowledgement that the safety professionals and practitioners are not prepared to use political means to achieve the aim of an accurate picture of the state of OHS in Australia and of establishing a mechanism for improvement. There are no OHS lobbyists. The difficult industrial relations fights of the unions have removed any OHS context from their agenda. Safety professionals are afraid of making political statements, regardless how sound they may be.

Yes there is very little funding of research in Australia on OHS matters but that does not mean you move to a different arena. Generate research funding independently. Shame the government into action through comparisons with other countries. Campaign on how government neglect is exposing Australians to unnecessary injuries and deaths. Lobby the ministers, meet them for coffee, bump into them on the golf course. Show the government how investment in OHS can increase the productivity of the workers in the same way we advise our clients. If we tell our customers that investing in safety will reduce insurance costs, can’t we make the same case in relation to social security costs and workplace safety?

The worst thing that can be done is to attempt to start again somewhere else and although not a lot has happened in the past, it is in industrial relations where OHS has its strongest presence, its strongest links and its strongest moral heritage. OHS professionals and practitioners need to think outside the square not move outside it.

Originally posted on 8 January 2008

Rape of Nurse Working Alone North of Australia

On February 5 2008, a nurse was raped in her residence on Mabuiag Island in the Torres Straits islands group north of Australia. She was the only health officer on the island and had been posted there only a few moths earlier. A 22-year-old man has been arrested and charged with burglary and rape.

The Queensland Nurses Union has called for an urgent increase in the safety and security of remote area nurses.

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On February 5 2008, a nurse was raped in her residence on Mabuiag Island in the Torres Straits islands group north of Australia. She was the only health officer on the island and had been posted there only a few moths earlier. A 22-year-old man has been arrested and charged with burglary and rape.

The Queensland Nurses Union has called for an urgent increase in the safety and security of remote area nurses.

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