Tag: WorkSafe

Questions raised about the Victorian Government’s transparency on WorkCover

In December 2011 the Victorian Liberal Government announced the removal of almost $A500 million from WorkCover funds to be placed in general revenue over the next four years.  Some unions were outraged and began a protest petition.  Labor politicians were similarly outraged.

The removal of the funds sounds odd as it is understood that these funds are originally generated through the workers compensation insurance premiums required to be paid by most Victorian businesses.  The funds are then invested to provide a healthy return with the intention that the pool of WorkCover funds is used to support the OHS functions of WorkSafe and its inspectorate and to provide funds to assist in the rehabilitation of injured workers. Logically, the more funds available, the better the rehabilitation services and the better the prospect of people returning to work.

In this context, how come such a large amount can be removed without affecting the level of inspectorate and rehabilitation services?  Does the current success of Australia’s economy really justify this move, even though a large part of that economic health is from States other than Victoria? Continue reading “Questions raised about the Victorian Government’s transparency on WorkCover”

A new approach to OHS advertisements is required in Australia

Workcover NSW should be supported in its new advertising campaign “Here to Help”.  Two ads are currently available on-line and are embedded below.  What is surprising is that OHS regulators still feel the need to create new awareness-raising campaigns rather than providing examples of the consequences of non-compliance.

It may be unfair to criticise an OHS regulator for an advertising campaign that raises the awareness of the need for safety, particularly if that ad is only the most visible element of a new enforcement strategy but it would be refreshing to see a different type of ad, one that speaks directly to business owners, with perhaps a similar one to workers.

What I see is an advertisement  similar to the famous Yul Brynner anti-smoking ad but with a script similar to this:

[Close up of head and shoulders of a businessman facing the camera.  Camera slowly pulls back as businessman speaks.] Continue reading “A new approach to OHS advertisements is required in Australia”

Fee For Intervention – a necessary economic evil

WorkSafe Victoria’s Executive Director – Health and Safety, Ian Forsyth mentioned one of the necessary economic choices faced by the UK’s Health and Safety Executive (HSE) when speaking at a breakfast seminar in early February 2012.  He said that HSE is

“…under the pump politically [and] I think they’re either just, or about to, press the button on inspectors charging 133 pounds per hour for their workplace visits……If they find an issue they will be charging the employer 133 quid an hour and they hope to make 10 million pounds out of that”

The concept of fee for intervention (FFI) was new to most in the seminar audience and it needed more explanation and context although the seminar imposed tight time constraints.   Given the economic status of the United Kingdom such cost recovery methods are logical, if unpalatable. Continue reading “Fee For Intervention – a necessary economic evil”

Executive Director says WorkSafe has been reactive on workplace mental health

Ian Forsyth, Health and Safety Executive Director, for WorkSafe Victoria spoke at a breakfast seminar on 7 February 2012.  As a report on what WorkSafe has been doing and what they plan to do in 2012, it was reasonable but there were several issues that raised eyebrows or confused some in the audience.

Workplace Bullying

Ian Forsyth spent some time speaking about the importance of workplace bullying, repeatedly stressing that most calls to WorkSafe about bullying do not fit the definition that would allow WorkSafe to act.  No mention was made of the divergent views on workplace bullying coming through the public comment phase of the draft national code on workplace bullying over the last few months.

Several times Forsyth stressed that there were other avenues for action or appeal on matters that do not fit the WorkSafe definition, such as the Fair Work Ombudsman and other authorities.  This is the reality but the comments provide no real solution to handling the thousands of calls WorkSafe receives on workplace bullying each year.   Continue reading “Executive Director says WorkSafe has been reactive on workplace mental health”

The social context of OHS laws is being poorly handled

Australian lawyer Michael Tooma is mentioned regularly in the SafetyAtWorkBlog, mostly because Tooma is one of the few who consider workplace safety in the broader social context.  In The Australian newspaper on 10 February 2012 Tooma wrote that new work health and safety laws being introduced in Australia present

“…a march … into the traditional heartland of the public safety, product safety and professional liability territory, and it brings with it a criminalisation of what was once an exclusively civil liability domain.  The new laws did not invent this trend, they just perfected it.”

Right-wing commentators would jump on this and declare “nanny state” but it is vitally important to note that this trend of “protectionism”, or the “compensation culture” as described in the United Kingdom, did not originate in occupational health and safety (OHS) laws.  The OHS profession, business operators and workers will need to learn to accommodate and manage this social trend that has been imposed.

Tooma writes that ”

“…we have not had a proper debate about the incursion of the laws into nontraditional areas and its impact on the resources of firms, regulators and ultimately work safety standards.”

The debate may already be over. Continue reading “The social context of OHS laws is being poorly handled”

CEO departure has no apparent controversy

Speculation has been rife about the departure of Victorian WorkSafe’s CEO, Greg Tweedly since it was announced on 11 January 2012. Crikey (not available online) has aired questions about Tweedly’s lack of action on workplace bullying which WorkSafe has been accused of not addressing. The Age newspaper has juxtaposed the Liberal Government’s use of $A471 million of WorkCover premiums for consolidated revenue with Tweedly’s departure.

On the workplace bullying issue, Tweedly has said previously that he does not believe that WorkSafe has a toxic work environment. When the accusations were being aired in 2011 it was Tweedly who faced the media, where in the past it would have been more likely for the Executive Director to address these issues. Bullying accusations are highly embarrassing for WorkSafe as they issue the sdvice on preventing bullying at work, however WorkSafe is only one of the many government bodies in Victoria and in other Australian States that have been accused of this hazard. Other instances of workplace bullying reports have resulted in independent inquiries but not so with WorkSafe. Perhaps Tweedly is right and the working environment in WorkSafe is not toxic, or no more toxic than any other government department or authority. Perhaps the critics should be focussing on the problem of bullying in the workplace rather than the workplace, or the executive management, itself. Continue reading “CEO departure has no apparent controversy”

Lawyer says OHS harmonisation has become a shambles

The 28 December 2011 edition of the Australian Financial Review (AFR) (not available online) quotes Australian labour lawyer, Michael Tooma, talking about the harmonisation of workplace safety laws:

“It’s descended into a farce, a shambles – only four jurisdictions are ready for the laws.”

This seems supported by the words of the recently-appointed Workplace Relations Minister, Bill Shorten, who says that the new Occupational Health and Safety (OHS) laws will cover 58% of the workforce. This also equates to 42% NOT being covered – hardly a success for harmony.

Victoria’s WorkCover Minister, Gordon Rich-Phillips, continues to miss the point of national harmonisation by continuing to argue against harmonisation with parochialism. He says that the new laws are very likely to increase the regulatory and cost burden without acknowledging that Victoria has many prominent businesses who operate nationally and will incur increased compliance costs due to his delay in the implementation of the harmonised laws.

The AFR article implies that a major reason for objection is that senior executives, the ridiculously named “C-suite”, will face increased accountability for decisions that affect worker safety. Perhaps, but this increase has been coming for some time and should have been anticipated by the C-suite.

The article also implies that hesitation over these laws comes from the increased accountability of senior public servants and departmental heads. Tooma acknowledges this change:

“To date, heads of departments in the public service have never been able to be held criminally liable under federal laws.”

The public service is going to be a fierce battleground considering that psychosocial issues are so prevalent in this sector. It will be fascinating (and sad) to watch senior executives in government departments being prosecuted under OHS laws for workplace bullying, excessive workloads and the generation of stress. (The size of the challenge may be seen by recent bullying issues in the Australian emergency services, WorkSafe Victoria and WorkCover NSW)

The AFR has been one of the very few newspapers reporting on OHS harmonisation but, not surprising given its specialized readership, it has focused on the business costs of implementation. Rarely has it discussed the positive benefits to safety management or the potential increase in worker safety. Perhaps there are none.

There is little safety innovation in the new laws. If OHS is about preventing harm, these laws are no improvement on the previous.

But then safety has rarely come from laws but from how people react to, or apply, the laws. The debate on harmonisation has been missing the voice of the safety profession in Australia but perhaps that’s because there is nothing new to say. Perhaps the management of safety will not have any fundamental change. It may be that the only change is that the CEOs begin to listen to their OHS advisers. Let’s hope that is enough.

Kevin Jones

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