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Dr. Elsa Underhill, Deakin UniversityProf. Michael Quinlan, UNSW
Improving the effectiveness of OHS regulation in the temporary agency
sector through enhanced host-supplier relationships
PDR model: Risk factors associated with Insecure and contingent work
Effort/Reward Effort/Reward PressuresPressures
DisorganizationDisorganization Regulatory Regulatory FailureFailure
Spill-over Spill-over EffectsEffects
Insecure jobs (fear of losing
job)
Short tenure, inexperience
Poor knowledge of legal rights,
obligations
Extra tasks, workload shifting
Contingent, irregular payment
Poor induction, training &
supervision
Limited access to OHS, workers comp rights
Eroded pay, security,
entitlements
Long or irregular work
hours
Ineffective procedures &
communication
Fractured or disputed legal
obligations
Eroded work quality,
public health
Multiple jobs(may work for
several employers)
Ineffective OHSMS /
inability to organise
Non-compliance & regulator oversight (stretched resources)
Work-life conflict
MethodsStratified sample of injured workers• Investigated workers’ compensation claims in Victoria;
198 agency & direct hire matched by occupation & year of injury (1994/95–2000/01)
Statements from injured workers, witnesses, employers & host supervisors, medical reports
Focus groups and survey of agency workers• 147 surveyed, mostly blue collar• 5 Focus groups in Melbourne & regional Victoria• Mostly blue collar, plus call centres, health sector
Study of OHS experiences of agency workers
High levels of employment & income insecurity• Irregular hours (27% of injured workers) & irregular income• Eg. storeperson – average weekly wage A$276 but ranged from
A$105 - $621 over 15 weeks• 45% never/rarely had continuity of placements • 32% different hourly wage dependent upon host
Interchangeable - easily & quickly replaced• “He asked his supervisor if he could take 2 days sick leave.
The supervisor told him that if he could not come to work for 2 days [the host] would have to replace him with another worker…” (process worker, notwithstanding 6 months into a placement
Explaining the risk: economic and reward pressures
Work with injuryI kept working and put up with the pain which was worse when I
stopped and I didn’t mention it to anyone at the time as I was concerned my job would be terminated…I needed the money and didn’t want to attract attention by wearing a brace.” (process worker)
Accept work intensificationWe’ve had labour hire guys pass out, working hard…was stifling hot
up there (3rd level, warehouse) …they were under the impression they wouldn’t get hours, so they went flogging themselves then they passed out (storeperson, distribution, focus group)
Perform more hazardous tasks The permanent staff here always get priority on the better shifts…
certain jobs are regarded as easier than others, and the permanent and host casuals get priority on those ahead of the agency… (storeperson, distribution, focus group).
Contributing to workplace risk: economic pressures
Characteristics of agency workforce & placementYounger workers (more than double direct hire
but older workers injured earlier in a placement too)
Lack of familiarity with workplaceInexperienced and/or underqualifiedPoor person-job matchFractured communicationUndermining of OHS management system
Explaining the risk: Disorganisation
Agencies assume unskilled tasks can be completed by anyone
…appears the claimant is not physically suited to the work she performs…she told our investigators she has always been prone to back pain from bending and lifting… (25 year old, back injury)
Hosts assume agency has supplied appropriate worker No time allowed for physical adjustment, for host specific training
Agencies incorrectly match general trade qualifications with specialised skill needs
…I looked over and thought he looked a bit uncertain about what he was doing… (20 year old, electrocuted performing equipment maintenance
Pressure to fill placements quicklyAgency can easily dismiss & replace when inappropriate workers supplied
Disorganisation: Poor person-placement match, low/unskilled workers
Too little…He’s not been given any specific lifting technique
training, although we have a policy of continual safety training…
When I started my only training with the pump was being shown the on/off switch and the reversing procedure…
Or irrelevant…… the social club, history & expansion plans, other
locations…etc. etc.Insufficient knowledge to make safe decisions
Disorganisation: Inadequate training
Lack of knowledge by agency workersEg. not knowing to report injuries
Exclusion from host systemExclusion from workplace specific OHS training
and subject to different OHS practicesEg. forklift driver injured when he slipped on
greasy step of a forklift. … Each driver is responsible for the ongoing cleanliness
on a daily basis of any fork he is using. While permanent employees of the company use the same forklift each day, casuals can swap and change from one fork to another during the course of the day depending on the type of work being undertaken… (claims investigator).
Disorganisation: undermining host OHS management system
Most examples provided are also examples of lack of compliance
Placements involving high risk tasksLack of, poor standard of trainingFailure to respond to OHS issues Dismissal for raising issuesUnderpinned by:
Vulnerability to dismissal – weak employment protectionLarge number of small agencies & ability to avoid prosecutions
Regulatory failure: culture of non-compliance
A study of options for improving compliance within constraints of existing legislation
11 focus groups, metro & regional Qld
5 of hosts, 6 of temporary agency employers
3 semi-structured interviews with union officials
62 participants
Construction, manufacturing, distribution / warehousing, health services, mining, mineral processing, pastoral & agriculture
What works to safeguard the OHS of temporary agency workers?
What measures would improve their safe placement?
How can regulatory agencies enhance their activities to secure safe placement?
Emphasis upon improving existing practices
What works to safeguard the OHS of agency workers? Large agencies & hosts Strategic & comprehensive approach to
placements & OHSAdvanced planning of placementsAvoidance of short-notice placements Avoidance of high risk placementsRisk Assessments performed by OHS qualified staff
Long term relationships between hosts & agenciesEnhanced understanding of placement
requirementsBetter access to host workplacesBetter communication
Hosts promoted better practices amongst agencies (esp. regional areas)
What works to safeguard the OHS of agency workers?
I invite the agency out for a tour of the factory so that they can understand what I need in a work…they get to see the whole factory operating under normal circumstances…and then they can select more suitable candidates
Like a partnership. They’re not just supplying a service; they’re actually involved with the ongoing function of the workers in the workplace…
But problems remain re:Hosts moving workers without prior noticeRisk assessmentsAgency labour turnoverAgency reward / incentive systems
What works to safeguard the OHS of agency workers? Small niche suppliers
Specialised by occupation (but not necessarily specialised skills)
Better understanding of host needs
Better communication
Better understanding of specialised staff needs
Longer term relationships with their employees
What works to safeguard the OHS of agency workers? Problem groups….
The “don’ t care” small suppliers & hosts
No background, no knowledgeI don’t think it is an ambiguity around what they’re reading. They’re just not reading. There is no exposure to it.
Calculated avoidanceSend us the fittest of your fittest, young blokes that aren’t broken. And when we finish with them, and they’ve got problems later in life, they’ll be some else’s issue
Ease of establishing operations & ability to respond to host requests at short notice
Hosts can always find an agency willing to supply on these terms
Other facilitators & barriersFacilitators: Pre-placement risk assessments, job safety analysis
But concerns re competence for on-going monitoring & assessment
Regular interaction & worksite visits, extending to involvement in host OHS committeesBut interaction with workers potentially impeded by hosts’
attitudes towards workers
Barriers: Insufficient information regarding placements supplied by hosts
It’s easy enough to get the qualifications, formal qualifications & licensing but it’s far more difficult if you’ve got to be thinking in terms of what kinds of experience does the person have to have had to be able to do that work?
Growth of ‘hold harmless’ clauses (agency accepts host’s costs of injuries)
Less stable work environments eg. construction, home care
How can regulatory agencies enhance their activities to secure safe placement ?
Registration/licensing for temporary employment agenciesMinimum requirements eg. All agency staff involved in
placements hold OHS qualifications Mechanism for provision of information by regulators –
checklists etc. Mechanism for information/education, and prosecution
purposes
Develop check lists for use in selecting hosts/agencies
Promote more strategic approach by agencies & hosts Encourage planning; stronger relationships between agencies
& hosts etc.
How can regulatory agencies enhance their activities to secure safe placement ?
Encourage inspectorate to identify whether TAW present during all site visits & assess adequacy of arrangements
Prosecute for breaches of processes, irrespective of injuries Eg. not conducting risk assessments; moving placed workers
to new tasks without advising agency or undertaking risk assessment; hosts not providing adequate detail in job specifications
Targeted campaigns – information, education followed by audit program & then prosecutions (by region & by industry) ‘safe’ niche suppliers show small does not have to be high
risk
Prohibit hold harmless clauses