LIVING BEYOND ITS USE BY DATE: Current Workers Compensation Arrangements and Possible Futures. Alan Clayton

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2 LIVING BEYOND ITS USE BY DATE: Current Workers Compensation Arrangements and Possible Futures Alan Clayton

3 What this presentation is about Why living beyond its use by date? Historical legacy of scheme origins Some reforming fixes to some legacy issues Schemes cannot achieve their stated goals within the system frameworks Principles and approaches to achieving effective 21 st century schemes

4 Legacy of Scheme Origins Late 19 th century response to consequences of industrial capitalism Clear distinction between worker and independent contractor Emphasis on traumatic injury and difficulties with coverage of diseases Determination of work-relatedness Almost no focus on primary prevention

5 Issues Complex and confused bases of coverage Including deemed inclusions and exclusions Challenge of gig economy Complicated issues with injury and disease Challenges with dealing with psychological injury Issues relating to federal structure of schemes

6 Fixes for Legacy Issues - Coverage Move to general coverage of working rather than on determination of worker Extension of coverage to self employed Opt in basis Queensland, Switzerland, Germany, British Columbia Mandatory New Zealand

7 Fixes for Legacy Issues - Diseases Difficulties with occupational diseases Latency and other issues with occupational recognition Disease schedules Safe Work Australia 2015 schedule Need for updating

8 Where from and where to?

9 Scheme Objectives

10 Where to - Elements Need to reconstitute scheme bases to meet the needs and challenges of 21 st century Meta level - Understanding that scheme goals have to be achieved with alliances outside the scheme itself Macro level More sophisticated understanding of issues Strategic level Evidence led strategies underpinned by sophisticated regulatory approaches Cultural level Development and entrenching of positive work cultures System level Development of capability and capacity of all players

11 Meta Level The achievement of scheme goals cannot be fully achieved within the framework of the scheme itself Need for a wider, sophisticated, web of alliances across a range of schemes in short there is a need for an integrated approach or public health model of accident compensation

12 Public Health approach

13 Public Health Approach

14 Structural v Personal Importance of structural rather than total focus on the personal Safe place, safe person, safe systems Sweden Vision Zero Ethical and profoundly structural approach

15 Macro Level What type of schemes do we want? Choice of US or European roads Lisbon Strategy Stockholm Declaration Involvement with wider workforce development initiatives Transitional Labour Markets Flexicurity Goal 100

16 Transitional Labour Markets

17 Flexicurity Golden Triangle

18 Flexicurity Silver Square Qualification Flexibility Activation policies Main axis: trust and support Motivation Employment security Active safety net Social security

19 Goal 100 Intensive work training programme in Whyalla for long term unemployed Commenced 2006 Employer backed First cohort of found employment

20 Responsive Regulation

21 Organisational Capacity Institut für Prävention und Arbeitsmedizin (IPA) Bochum Sankt Augustin Dresden Institut für Arbeit und Gesundheit (IAG) Institut für Arbeitsschutz (IFA)

22 WHO Healthy Workplace Model

23 Organisational Maturity Model

24 Safety Culture Oresund Bridge

25 Oresund Bridge

26 Developing Capability and Capacity NZ ACC staff development programme from 2005 Systematic process recruitment mentoring ongoing support

27 What of the future? Antipodes formerly regarded as world leading laboratories of social and industrial reform

28 Pessimism

29 More Pessimism

30 Optimism

31 Getting Good Ideas into Currency