A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Arguing over the WorkCover scheme’s viability again avoids harm prevention

The Victorian Parliament has been debating legislation the government claims is essential to fix a “broken” workers’ compensation system. There are a lot of elements to what is broken – premium increases, political access to WorkSafe finances, political topping up of WorkSafe finances, high numbers and costs for workplace mental health compensation claims and more. What is largely missing is a discussion on the prevention of mental health injuries at work.

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Cultural and operational shortcomings in white-collar work

Long working hours and the billable hours structure received some attention in the prominent business newspaper. the Australian Financial Review, on November 11,2023. Unsurprisingly the article, by Edmund Tadros, about former Sex Discrimination Commissioner, Elizabeth Broderick has garnered attention in the business social media. The article reinforces the unsafe nature of the dominant management practices in white-collar workplaces.

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Industrial Manslaughter distracts from what really works

South Australia’s Industrial Manslaughter Bill is being negotiated in its Parliament. New South Wales’ version is in development, and Tasmania has said it does not want to be left out, so the government has flagged its intention to have Industrial Manslaughter (IM) laws. Each politician stresses the importance of these laws to deter employers from doing the wrong thing and causing the death of a worker. However, there are serious concerns about the intended deterrent effect when other occupational health and safety (OHS) measures have been shown to be more effective.

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Engineered stone is unsafe at any level

Safe Work Australia has recommended:

“a prohibition on the use of all engineered stone, irrespective of crystalline silica content, to protect the health and safety of workers.”

So that should be it. No more engineered stone products for use in Australia. Apparently, that decision is difficult to make even though the top occupational health and safety (OHS) advisory body in Australia recommends prohibition. OHS has always had an uncomfortable mix of morality, law and politics. Engineered stone and its inherent silicosis risks are a good illustration of the tensions between these three elements.

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Get rid of dinosaur thinking on workplace mental health

Victoria’s coronial services has been found guilty of breaching its occupational health and safety (OHS) obligations after one of its employees died by suicide, identifying work issues as a major factor in her death. WorkSafe Victoria has released the best source of information on this case. Most of the mainstream media is relying on a newswire report,which is based on WorkSafe’s information.

Significantly none of the prevention strategies identified by WorkSafe are included in the media reports even though this is perhaps the most vital information for preventing recurrences.

This article looks at the advice offered by WorkSafe Victoria in its media release on what actions it believes could prevent the occupational factors that resulted in this suicide from emerging, or not being addressed, in your workplaces.

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Plain speaking on mental health v nuance

Plain speaking is one of the greatest challenges of any profession. Many professionals struggle to communicate their excellent work and knowledge which has created the moves for Research-To-Practice and specialised communicators (as opposed to public relations advisers). Human Resources (HR) and Occupational Health and Safety (OHS) need communications specialists, or perhaps just interpreters, if a recent article on workers compensation and mental health is anything to go by.

If we are going to achieve a successful and effective change on workplace mental health, we need to start to understand each other.

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