Three and a half years after the Nery report into the OH&S issues surrounding newspaper delivery was handed to News Limited by the ANF, News has written to newsagents rebutting key findings in the report.
As I blogged on November 20, 2006, the Nery report, commissioned by the ANF, found unsafe work practices which stem from the handling of heavy newspapers. The ANF was upset that I publicly discussed the report and subsequently published it here. The concern, as put to me, was that newsagents could have work place claims unless they changes practices to reflect the report’s recommendations. The ANF and other associations wanted the report kept quiet out of fear of workplace OH&S claims.
David Nery, the respected author of the Nery report was clear:
The current situation, in my view, is unsafe and modifications to the weight, dimensions and volume of papers distributed per person need to be reduced to provide a safe system of work.
Yesterday, News Limited issued a rebuttal to newsagents, based on their own expert study. Their report, or what has been published to newsagents at least, is years late and lacking in detail and professional scope compared with that of David Nery. The News Limited rebuttal is in the from of a letter telling newsagents that they are responsible for OH&S issues relating to newspaper delivery. They claim that Nery is wrong and that it is safe to deliver heavy newspapers.
News says that newsagents control the number of people doing newspaper home delivery. While this is true, one could easily argue that News, through controlling delivery fees, customer acquisition and other factors in home delivery, determines the number of people employed.
News is wrong to have taken three and a half years to respond and wrong to lay responsibility at the feet of newsagents.
News Limited controls the weight and dimensions of the product being delivered. They also control most of the economic terms relating to newspaper home delivery: delivery fees, cover price and requirements about obligations on newsagents to accept customers. These economic terms determining whether newsagents can reasonably split a heavy product into two.
Newsagents need to revisit the Nery Report in the context of the communication from News Limited yesterday. If I still had a home delivery business and were in a position to influence industry response I would:
- Re-engage David Nery for a response.
- Talk with Worksafe and other state government OH&S bodies for an opinion.
- Talk with insurance companies to determine liability on the insured should an injury claim be made relating to this issue.
- Assemble a team of experts to research and guide a whole of industry response. The team would include an appropriately skilled lawyer, OH&S expert, medical expert, a newspaper deliverer and a newsagent.
- Discuss with the federal government funding opportunities to help newsagents pay for the necessary research and advice in navigating such a complex issue.
- Set a timeline for progress on this.
- Seek agreement from News Limited to engage nationally given that they are dealing with it internally nationally.
It may be that the process results in a negotiated middle ground position between News and newsagents. If it doing nothing wrong, News should have nothing to hide and therefore be prepared to actively engage.
Time is an issue here. The last thing any party wants is a legal case where repeated delivery of heavy newspapers is represented as a cause of workplace injury.