Disseminating OHS information should not be optional

Cover of VWA publishing_prosecution_outcomes 2005WorkSafe Victoria has been reviewing a series of enforcement and prosecution policies for some time.  One of these policies set for re-issue relates specifically to the publication of prosecutorial information through its website and media releases and, although the “new” policy is not yet available, it may be worth remembering the previous policy, last revised in 2005.

Media Releases

WorkSafe Victoria’s “Supplementary Enforcement and Prosecution Policy on Publishing Prosecution Outcomes and Other Enforcement Information and Data” (no longer available on-line) says  that

“WorkSafe will release media statements and authorised representatives will grant media interviews, as appropriate, to the print, electronic, and/or broadcast media.” (original emphasis)

The reason behind this mode of dissemination, and others, is outlined elsewhere in the policy:

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Attitudinal survey has promise but the restriction of data stifles discussion

The “Australia’s Behaviour Concerns” (ABC) survey has received a good deal of press in Australia this week as it provides so many options for each State’s media to report on concerns identified by the survey’s respondents.  Of the thirty-eight concerns identified, three involve occupational health and safety (OHS) directly:

  • Work Harassment
  • Discrimination and Bullying
  • Unsafe Work Practices.

One of the significant issues with such surveys and findings is that these measure perceptions of safety and not the reality.  Community concerns may be high but may mostly reflect topical events, campaigns and advertising so in terms of verifying marketing and OHS awareness campaigns, the survey may be most useful.   Continue reading “Attitudinal survey has promise but the restriction of data stifles discussion”

Truth, justice and the safe way

Many years ago the Construction Forestry Mining and Energy Union (CFMEU) won a WorkSafe Victoria award for a colouring in book.  From memory the book depicted construction work so that children could understand what their parents do while the kids are at school.  Since that time many companies have produced safety calendars from children’s drawings and train companies have created safety jingles and animated videos about decapitation.  On 28 October WorkSafeACT launched a comic book about Hazardman.

Dr Rob Long rips the campaign to shreds in a blog article,concluding with

“It is amazing that the Regulator can impose this indoctrination campaign on the school system and now we learn that Safe Work Australia is going to roll it out throughout Australia. Fantastic, what a wonderful way to prepare our children and inoculate them against the realities of risk.” Continue reading “Truth, justice and the safe way”

Momentum increases for tangible action on workplace bullying

According to the Canberra Times, a company board has been served with an improvement notice over inadequate attention to workplace bullying claims in a retirement home.  The ABC television program, 7.30, has followed up workplace bullying claims aired earlier this month with a further case on 25 September 2012 with savage criticism of WorkSafe Victoria’s actions in the case.

The Australian Government has completed the public hearings of its Parliamentary Inquiry into workplace bullying.  Bullying is everywhere but little seems to be happening to address the various elements and deficiencies of the regulatory system.

On 21 September 2012 the WorkSafe ACT Commissioner warned about inaction on workplace bullying:

“If bullying has not occurred, then a properly conducted investigation should find that… If, on the other hand, an independent investigation substantiates the allegations, then the employer will be in a position to act to protect their workers from any ongoing threat to their health and safety.” Continue reading “Momentum increases for tangible action on workplace bullying”

Lessons for Australia from UK assault on OHS red tape

The chase for government and corporate effectiveness and productivity increases through cutting “red tape” has, historically, had dubious longterm benefits. The attack on the red tape of occupational health and safety (OHS) has been brutal in the United Kingdom and has occurred with an unforgiving, and misguided, tabloid media.  Some in the UK media have been pointing out the government’s strategic folly, the latest is Russell Lynch in the Evening Standard.

On 20 September 2012, Lynch brutally described the UK situation:

“Safer businesses are more productive, not least because of the management time taken up when some poor sod has to be scraped off the floor. And let’s not forget inspections focus on occupational health as well, meaning employees have more chance of working without developing illnesses.”

The sad part of this statement is that productivity advantage of safer businesses has been known by governments for some time but that the wave of red tape attacks was politically stronger.

Some Australian States are on an extreme austerity drive even though the Australian economy is nowhere near as troubled as that of the United Kingdom.  These strategies usually call for across-the-board percentage reductions in costs.  This generality is a major problem as productivity and cost-effectiveness of specific organisations is not considered.  Untargeted cuts penalise the successful and the inefficient – the current experience of the Health and Safety Executive. Continue reading “Lessons for Australia from UK assault on OHS red tape”

Law reform does not prevent harm, only compensates for it

Josh Bornstein is a media-savvy lawyer with Maurice Blackburn who has gained some prominence on the matter of workplace bullying.  A week ago Bornstein spoke at a Legalwise seminar in Melbourne Australia and he has yet to stop running on his topic of discussion – “Disproving the seven myths about workplace bullying”.  Today he released a video of his presentation on the Maurice Blackburn YouTube channel.  The speech from the seminar is HERE.

Lawyers advise that words and statements are very important.  Documents and presentations are deconstructed for nuance and alternate interpretations.  Context is also vitally important to determine why something was said when it was said and why it was said.  These tools are equally useful for Bornstein’s presentation.

Continue reading “Law reform does not prevent harm, only compensates for it”