law – Page 4 – SafetyAtWorkBlog

Inaccuracies in AAP article on truck-related fatalities and penalty

Denise Zumpe is an Australian occupational health and safety (OHS) professional who focuses on workplace health and safety matters in the transport sector. Below is a letter that she intended to send to The Age and writer Esther Linder outlining some inaccuracies in an Australian Associated Press article (paywalled) concerning the jailing of Cris Large, a court case discussed in an earlier SafetyAtWorkBlog article.

“A former transport executive has been jailed for up to three years for his reckless workplace behaviour in the lead-up to a crash that killed four police officers on Melbourne’s Eastern Freeway.”

The AAP article appeared in a number of Australian media. An amended version appeared on ABC News.

The sleeper IR issue of the Right-to-Disconnect wakes up

This week, the Australian Parliament debates further workplace relations legislative system changes. These will have occupational health and safety (OHS) impacts, usually indirectly; however, one clear OHS element in the proposed legislation is the Right-to-Disconnect.

This change has been a long time coming and has clear and proven mental health and social benefits for workers, but you won’t hear much of the OHS justification in the media. Most of the business opposition has been alarmist noise claiming the world will end. According to the Australian Financial Review (AFR) editorial on February 1 2024. Workplace Relations Minister Tony Burke:

A refresh of the Code of Practice for Working Hours could be of great benefit

Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.

Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.

Call for Industrial Manslaughter laws after more unnecessary deaths

It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.

The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of

“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”
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What was he thinking? A case study in risk assessment and intervention

Below is a video of a worker setting up their work area and dusting a retail sign. When one sees such videos or images, we naturally think, “What is he doing?” and “What was he thinking?” This article speculates on those questions and what could have been done.

New Sexual Harassment Code is part of the workplace mental health transition

This month Safe Work Australia (SWA) released its Code of Practice – Sexual and gender-based harassment, which applies to almost all Australian occupational health and safety (OHS) jurisdictions. It is an important document for many reasons, not the least is to reduce, and hopefully to prevent, the potential for life-altering psychological harm. It is also important in the expansion of management areas traditionally managed through personnel departments to include OHS concepts and control measures.

A frustrating but informative book

There are so few occupational health and safety (OHS) books that it is often necessary to look outside the OHS field for answers in the OHS field. One example of such a book is “Work Psychology – The Basics” by Dr Laura Dean and Fran Cousans. The authors could have increased their readership and scope if they had also considered psychosocial issues more closely, but this book is about psychology. Even so, some useful perspectives are offered.

Category: law

Inaccuracies in AAP article on truck-related fatalities and penalty

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The sleeper IR issue of the Right-to-Disconnect wakes up

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A refresh of the Code of Practice for Working Hours could be of great benefit

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Call for Industrial Manslaughter laws after more unnecessary deaths

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What was he thinking? A case study in risk assessment and intervention

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New Sexual Harassment Code is part of the workplace mental health transition

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A frustrating but informative book

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