Occupational Health And Safety Legislation Research Articles

The race without a finishing line: legislative means for confronting bullying in the Australian workplace

In this paper we investigate the evolution of occupational health and safety (OHS) legislation aimed at harnessing workplace bullying. We begin with a brief discussion of workplace safety and literature covering workplace bullying. Then we present an overview of the development of Australian OHS legislation in recognising the influence of psychosocial hazards such as bullying. Following this we examine the Fair Work Commission's anti‐bullying jurisdiction which commenced on 1 January 2014. We argue that while the new anti‐bullying laws are a welcome response to the problem of workplace bullying, they offer a minimalist rather than a comprehensive remedy to the problem. We conclude that the only way to provide an adequate response is to create stand‐alone legislation that recognises bullying as a criminal offence with remedies sufficiently castigatory to act as a deterrent to would‐be workplace bullies and prompt proactive workplace cultural change.

Systematic review of qualitative literature on occupational health and safety legislation and regulatory enforcement planning and implementation.

The ability of occupational health and safety (OHS) legislation and regulatory enforcement to prevent workplace injuries and illnesses is contingent on political, economic, and organizational conditions. This systematic review of qualitative research articles considers how OHS legislation and regulatory enforcement are planned and implemented. A comprehensive search of peer-reviewed, English-language articles published between 1990 and 2013 yielded 11 947 articles. We identified 34 qualitative articles as relevant, 18 of which passed our quality assessment and proceeded to meta-ethnographic synthesis. The synthesis yielded four main themes: OHS regulation formation, regulation challenges, inspector organization, and worker representation in OHS. It illuminates how OHS legislation can be based on normative suppositions about worker and employer behavior and shaped by economic and political resources of parties. It also shows how implementation of OHS legislation is affected by "general duty" law, agency coordination, resourcing of inspectorates, and ability of workers to participate in the system. The review identifies methodological gaps and identifies promising areas for further research in "grey" zones of legislation implementation.

Finnish discourses of the stakeholders on development of the implementation of EU legislation concerned with occupational safety and health in computer work

The overall research objective was to empirically develop the ideas around a system of occupational safety and health (OSH) practices in visual display unit (VDU) work, to describe their relationship with the OSH legislation and to explore how these best practices work to achieve positive results. The aim of the present study was to explore qualitative perceptions of the stakeholders (Finnish Employers’ Associations, Employees Organizations and OSH Governmental Inspectorates) concerning the way that the OSH legislation on VDU work is being applied at work. Many stakeholders claim that technological advances require that in OSH the VDU legislation should be updated, especially that it should be clarified, e.g., when does the VDU worker have the right to obtain special eyeglasses needed for VDU work. Many stakeholders believe that additional guidelines concerning practical ergonomic arrangements in VDU work environment and eyeglasses of the VDU workers are needed. In VDU ergonomics, the co-operation between workplace and occupational health care professionals needs to be developed.

A systems thinking approach of occupational safety and health applied in the micro-, meso- and macro-levels: A Finnish survey

The aim of this study was also to explore the interconnected frameworks of the systems thinking approach between the micro-, meso- and macro-levels within occupational safety and health (OSH). The goal of this study was to analyze different entities through different types of aggregation. The aggregated variables of micro-, meso- and macro-levels of the systems thinking approach were found to exert an effect on each other in the regression analysis. For OSH managers and workers’ OSH representatives, the Hypotheses were supported with the aggregated variables as follows: Hypothesis 1 – OSH management & collaboration was positively related to training, measuring and monitoring, quality of OHC services and quality of OSH legislation; Hypothesis 2 – technical processes were positively related to training, measuring and monitoring, OSH management & collaboration and quality of OSH legislation; Hypothesis 3 – measuring and monitoring were positively related to training, OSH management & collaboration, quality of OHC services and quality of OSH legislation; Hypothesis 4 – instructions were positively related to training, measuring and monitoring, OSH management & collaboration and quality of OHC services; and Hypothesis 5 – use of personal protective equipment was positively related to training, measuring and monitoring, OSH management & collaboration, quality of OHC services and quality of OSH legislation. The functional specification related micro-, meso- and macro-levels revealed how one can apply a system approach model to demonstrate how the human, safety management, and organizational factors fit together in the broad safety context (e.g., OSH legislation).

Challenges and Needs for Support in Managing Occupational Health and Safety from Managers’ Viewpoints

Proper working conditions and successful occupational health and safety (OHS) management help organizations achieve their targets and support the quality of working life and performance. Work-related stress, conflicts, work ability issues, ill health, and other challenging OHS situations in the workplace may impede the well-being and productivity of employees. According to OHS legislation, employers are responsible for managing risks and solving problems in the work community. Challenging situations can be viewed from the perspective of efficiency, since their economic effects may be remarkable. The objective of this study is to describe the challenging OHS situations managers encounter and the support they require in these situations. The results are based on thematic interviews and inquiries with top, middle, and front-line managers in three Finnish public sector service organizations. The most challenging OHS management situations are related to the administration of work under high economic pressure and constant changes in the work community, managing employee workload and time pressures, providing feedback, facilitating collaboration, and managing conflict. The managers’ own understandings, competences, and resources, as well as organizational supports, have an effect on successful resolutions of challenging OHS management situations.

POMIARY I OCENA POLA ELEKTROMAGNETYCZNEGO PRZY RADIOTELEFONACH PRZENOŚNYCH W KONTEKŚCIE WYMAGAŃ DYREKTYWY EUROPEJSKIEJ 2013/35/UE I POLSKIEGO PRAWA PRACY

The activities of rescue and uniformed services require the use of wireless communication devices, such as portable radiophones. Assessment of workers' exposure to electromagnetic fields emitted by radiophones is important in view of occupational safety and health (OSH), legislation requirements and reports on possible adverse health effects in users of devices emitting radiofrequency electromagnetic field. In this study 50 portable radiophones of conventional and trunked communication systems were investigated. The assessment of electromagnetic hazards to users involved unperturbed electromagnetic field measurements near radiophones' antennas. The electric field strength corresponding to the occupational exposure level (fields of so-called safety zones established by OSH legislation in Poland) was measured at a distance of 45-65 cm from the portable radiophones antennas of conventional system and 75-95 cm from antennas of trunked system radiophones, depending on their type and mode of work. The assessment was based on the averaged results of series of measurements. The electric field strength exceeding action levels defined by Directive 2013/35/EU was found up to 15 cm from radiophone antennas of conventional system and up to 10 cm from the antennas of trunked system radiophones. Taking into account the range of safety zones and the use of portable radiophones near the body, their users should be classified into the group of workers occupationally exposed to electromagnetic fields. Electromagnetic field measurement results and typical conditions of using portable radiophones justify the need for additional assessment of electromagnetic hazards--the analysis of compliance with relevant exposure limit values provided by Directive 2013/35/EU.

Occupational Health and Safety Regulations in the Dairy Industry

ABSTRACT The application of occupational health and safety (OHS) legislation in the dairy industry varies throughout the world. Generally there is no specific OHS legislation that applies to the dairy industry and mostly in countries the current OHS legislation applies to all workplaces with specific guidelines that apply to agricultural industries. The main difference between countries is in the application of OHS legislation specifically in relation to the size of the farms. In the USA, the OHS legislation, and therefore enforcement, does not, in most cases, apply to farms with less than 11 employees, whereas in other countries there is no minimum number of employees and in some cases such as the United Kingdom and Australia it covers all people who work on the farm. The other area of difference is in the use and publication of guidelines for the industry; some countries have a wide range of guidelines whereas other counties have few. Generally, this relates to the jurisdiction of the OHS legislation, which in several countries is not at a national level such as USA, Canada, and Australia. The main principal of OHS legislation is that all workplaces, including dairy farms, should be a safe and healthy place to work, and does not vary significantly between the countries reviewed even those with prescriptive legislation.

Educational intervention among farmers in a community health care setting

Farmers are at increased risk of developing work-related respiratory diseases including asthma, but little is known about their occupational health and safety (OHS) knowledge and exposure prevention practices. Educational interventions may improve knowledge and practice related to prevention. To determine the feasibility of an educational intervention for farmers in a community health centre setting. This was a pilot study. Farmers were recruited by the community health centre and completed a questionnaire on symptoms, OHS knowledge and exposure prevention practices. The intervention group received education on work-related asthma and exposure control strategies, and was offered spirometry and respirator fit testing. All subjects were asked to repeat the questionnaire 6 months later. There were 68 study participants of whom 38 formed the intervention group. At baseline, almost 60% of farmers reported having received OHS training and were familiar with material safety data sheets (MSDSs); fewer (approximately 40%) reported knowledge of OHS legislation and availability of MSDSs. Approximately, two-thirds of subjects reported using respiratory protection. The response rate for repeating the questionnaire was 76% in the intervention group and 77% in the controls. Among the intervention subjects, statistically significant increases were observed in reported safety training, familiarity and availability of MSDSs and knowledge of OHS legislation. Gaps in OHS knowledge were observed. The educational intervention on OHS knowledge and exposure prevention practices in the community health centre setting was feasible. Larger, more-controlled studies should be undertaken as this study suggests a positive effect on OHS knowledge and prevention practices.

Occupational psychosocial health policies in Hong Kong schools: A review and exploration of key stakeholder perceptions

Objectives It is widely acknowledged that teachers are suffering from work-related health problems. However, the implementation of relevant occupational safety and health (OSH) policies is complex and under-studied. This study reviews key legislation of relevance to psychosocial health and explores stakeholders’ perceptions on their implementation in Hong Kong (HK) schools. Methods The content of OSH legislation applicable to psychosocial health was systematically reviewed by the modified WHO checklist on legislation. Semi-structured interviews were then conducted with 38 key stakeholders. These were transcribed and subjected to Framework Analysis. Results The review showed that there were several ambiguities in the legislation and the interviews found that awareness and understanding in relation to OSH issues and policies differed on the basis of the level of implementation bodies. The importance of management, trust, communication and interpersonal relationships was emphasised. Conclusion On the basis of the study it is concluded that implementation of psychosocial health policies in HK schools is poor and there appears to be a gap among stakeholder communication. Also, the content of these policies needs to be clarified so that it can be more conducive to implementation in practice. The improvement of OSH climate and social capital could foster a more effective implementation of OSH policies.

OHS inspectors and psychosocial risk factors: Evidence from Australia

Legislation giving prominence to psychosocial risk factors at work has changed the role of government occupational health and safety (OHS) inspectors in many countries. Yet little is known about how inspectorates have responded to these changes. Between 2003 and 2007 an Australian study was undertaken on OHS standards, entailing detailed documentary analysis, interviews with 36 inspectorate managers and 89 inspectors, and observations made when researchers accompanied inspectors on 120 typical workplace visits. Our study found that general duty provisions in OHS legislation clearly incorporated psychosocial hazards and inspectorates had introduced guidance material, pursued campaigns and increased interventions in this area. However, the regulatory framework remained narrow (focused on bullying/harassment, occupational violence and work stress) and workplace visits revealed psychosocial hazards as a marginal area of inspectorate activity. These findings were reinforced in interviews. While aware of psychosocial hazards inspectors often saw the issue as problematic due to limited training, resourcing constraints, deficiencies in regulation and fears of victimisation amongst workers. In order to address these problems a number of changes are required that recognize the distinctiveness of psychosocial hazards including their ‘invisibility’. Notable here are revisions to regulation (both general duty provisions and specific codes), the development of comprehensive guidance and assessment tools to be used by inspectors, greater use of procedural enforcement, and enhanced inspectorate resourcing and training. There is also a need to recognize complex inter-linkages between psychosocial hazards and the industrial relations context.

Safety culture among subcontractors in the domestic housing construction industry

Purpose – This paper aims to present an analysis of some aspects of a research project that explored attitudes to occupational health and safety (OHS) held by subcontractors in the domestic building industry in New South Wales in Australia.Design/methodology/approach – An ethnographic study involving the collection of data through a combination of a short oral survey of 158 subcontractors, participant observation, in depth semi structured interviews with 11 subcontractors from six different trades, document analysis, discussions in hundreds of OHS induction courses, course evaluations, informal conversations with subcontractors over a nine year period and investigator diaries was conducted. The study was conducted because a large amount of anecdotal evidence gathered by the researcher strongly suggested that there was a growing culture of resistance to modern OHS legislation among subcontractors in that industry.Findings – A complex picture emerged of the subcontractors' workplace culture, and in particul...

Study on Occupational Safety and Health Strategy for Taiwan

The aim of this study was to establish a set of occupational safety and health (OSH) issues and development policies suitable for adoption in Taiwan. A survey was conducted on a sample of 102 experts and 235 industrial work safety personnel in Taiwan for statistical analysis of the general consensus, with the results showing such consensus in 104 individual policy indicators. Our results reveal that the most appropriate targets were considered to be annual 10% reductions in the 'occupational accident disability rate', 'occupational accident injury rate' and 'occupational diseases before 2010'. Responding to the specific question of the appropriate method of achieving a reduction in the number of accidents in Taiwan, the primary consideration for 13.4% of the experts and 10.6% of the industry personnel was 'promoting OSH awareness and enhancing the overall safety culture'. As regards the current OSH policy focus, 11.2% of the experts considered 'improving OSH legislation, standards and systems' to be the most important, whilst 8.9% of the industry personnel felt that 'recognizing work stress, overwork and emerging OSH issues' were the most important.

The Legal Framework for Regulating Road Transport Safety: Chains of Responsibility, Compliance and Enforcement

This paper describes, analyses and compares two regulatory regimes which cover the road transport industry in Australia - occupational health and safety (OHS) legislation, and the National Road Transport Commission's (NRTC) proposed model road transport legislation. The central questions examined in the paper are (i) what obligations do these laws impose, and upon whom (that is, what has to be complied with, and by whom); and (ii) what enforcement tools or mechanisms are provided to enforce the provisions. I begin briefly by describing what I will call the traditional approaches taken by Australian governments to OHS and road transport regulation, and then explain and compare current OHS legislation and enforcement tools with existing Dangerous Goods and Driving Hours regulations, and the proposed NRTC model road transport legislation, which includes enforcement mechanisms.

Safety, Courts and Crime

This paper reports on an empirically-based study of the way in which the Magistrates' Courts in Victoria, Australia, construct occupational health and safety (OHS) issues when hearing prosecutions for offences under OHS legislation. Since the Factory and Shops Act 1885, the Victorian parliament has responded to this problem by enacting statutory standards regulating workplace hazards. These statutory standards have been enforced by a state inspectorate, which has used a variety of enforcement strategies ranging from informal methods, such as advice, persuasion, education and warnings, to formal invocation of the criminal law before the Magistrates' Courts (and since 1985, the County Court), as a last resort. Since the 1830s in Britain, and the 1880s in Australia, the Magistrates' Courts have played a major part in the process of examining, constructing and adjudicating all aspects of the OHS offences, particularly the determination of whether an offence has in fact been committed, and the level of punishment to be exacted. Despite the importance of prosecution in an occupational health and safety (OHS) regulatory regime, and the disquiet at the clear inadequacies of prosecution of those contravening OHS statutes, there has been little research into the way in which the courts hear OHS prosecutions. This study aims to fill this gap, and to build on an earlier study of OHS prosecutions in Victoria from 1885-1979. The paper reports on an empirically-based examination of the manner in which the Magistrates' Courts in Victoria, Australia, construct OHS issues when hearing prosecutions for offences under the OHS legislation (the Industrial Safety, Health and Welfare Act 1981 (Vic) (ISHWA) and the Occupational Health and Safety Act 1985 (Vic) (OSHA)). The study covered the period 1983-1999. The data was drawn from observations of prosecutions, interviews with inspectors, prosecutors and magistrates, participant observation of inspectors and prosecutors, and the statistical analysis of case reports.

Fordism in the fast food industry: pervasive management control and occupational health and safety risks for young temporary workers

AbstractA growing body of international research points to an association between precarious employment or contingent work arrangements and a higher incidence of injury, disease and psychological distress as well as inferior knowledge/compliance with occupational health and safety (OHS) standards. Despite this, published research on the OHS problems of young workers in hospitality and other service industries largely ignores the fact that many are engaged on a temporary basis. To address this gap we surveyed 304 young temporary workers employed in Australian outlets of a well‐known multinational fast food chain. Indices assessed included work‐related injuries, exposure to occupational violence, and knowledge of OHS practices and legislative rights. In trying to explain the adverse OHS outcomes associated with contingent work, researchers have repeatedly identified three sets of factors; economic and reward pressures, work disorganisation and regulatory failure. Like most other multinational fast food companies, this firm adopted a Fordist production system. Given suggestions that Fordist systems adversely affect worker health and wellbeing, it seemed plausible that the combination of Fordism with reliance on a young casualised workforce would result in markedly inferior OHS outcomes. Contrary to this expectation, workers surveyed had an incidence of injury around the norm for full‐time permanent workers, and an excellent knowledge of risk control measures and OHS legislation. On the other hand, they had limited knowledge of their workers’ compensation entitlements and faced an elevated risk of low‐level occupational violence.Far from exacerbating the situation, the primary reason for the positive injury and knowledge outcomes was the Fordist system that tightly specified tasks and incorporated detailed risk assessment and control procedures. This system was shaped by an overriding concern for the company’s bottom line (hence the worker’s poor knowledge of worker’s compensation – a result more typical of contingent workers) but pervasive controls had benefits for an otherwise vulnerable workforce. Ritzer (2000) and others have portrayed the Fordist regimes of fast food chains as integral to a system where workers are indoctrinated, class relations obfuscated and covert threats to continued employment used to undermine solidarity. Without denying this, these systems may still constitute a less hazardous working environment for temporary workers than more disorganised work settings. Further research is needed to determine whether the study findings can be generalised or are restricted to this chain or its Australian outlets.

Small Business Owners’ Knowledge of Their Occupational Health and Safety (OHS) Legislative Responsibilities

This article reports the results of a study investigating the nature and extent of small manufacturing business owners’ knowledge of Occupational Health and Safety (OHS) issues. Interviews were conducted with 33 owners of small manufacturing businesses in Sydney, Australia. Results showed that whereas the majority of owners had basic awareness of the existence of OHS legislation, they were often unaware about the extent of their legal OHS responsibilities. Owners were found to have minimal OHS training and practical OHS expertise. Lack of appropriate industry specific OHS information was found to be a major factor that inhibited the owners’ ability to deal with OHS issues effectively.