law – Page 78 – SafetyAtWorkBlog

Make sure you are serious about deeper and better thinking on workplace mental health

In October 2018, the Australian Financial Review (AFR) reported (paywalled) on an occupational health and safety (OHS) investigation into overwork and staff fatigue being conducted by WorkSafe Victoria. The AFR has followed this with a report on June 6 2019 (paywalled) by its Legal Affairs Editor, Michael Pelly. It is a positive article about how the law firm, King, Wood & Mallesons (KWM) has improved its OHS performance since October last year. However there is much between the lines that hints at the OHS approach used and how limited it is.

New Safety Podcast focuses on Law

One of the prominent occupational health and safety (OHS) lawyers in Australia has started a podcast. The first episode discusses Industrial Manslaughter.

Steve Bell of law firm Herbert Smith Freehills recently published the Safety Podcast, but the title is a bit of a misnomer as, judging by the first episode, the discussion is more about safety law than safety. Regardless, the podcast adds to our state of OHS knowledge.

What does the recent election result mean for workplace health and safety?

This article was written after a request from the Safety Institute of Australia and distributed to its members on June 4, 2019. Some additional links have been added.[If you want exclusive OHS-based articles, contact Kevin Jones directly]

So, the Australian Labor Party (ALP) did not win the Federal Election that most people expected it to win. As a result, Australia is likely to NOT see, at a national level:

“a harmonised industrial manslaughter offence”,
An implementation of all of the recommendations of the Boland Report, nor
“a national advisory committee made up of representatives from each state and territory who have been personally impacted by a serious workplace injury or death to develop recommendations for federal, state and territory governments to act upon.”

Glyphosate – read the label, assess the risk, take precautions

The debate on the risks of using glyphosate products to control weeds continues to ripple around the world largely sparked by the global penetration of media reports from the United States. It is important to look at the risks without the unique litigation climate in the United States. A recent Australian report by SBS television emphasises to the occupational health and safety (OHS) risks of glyphosate.

The report started with mention of reviews into the use of glyphosate products by New South Wales councils and the Victorian Government. It would disappointing if such reviews had not already been conducted given the glyphosate was identified as possible carcinogenic several years ago. That change in the state of knowledge of a hazard should have been sufficient for all glyphosate users to reassess their risks.

This was followed up by information on the residual environmental impacts that was reminiscent of Rachel Carson’s Silent Spring but is not strictly an OHS matter.

Debate on rollover protection rolls on

The continuing argument over quad bike safety in Australia mirrors many of the other occupational health and safety (OHS) debates over whose evidence is truer, is the argument about politics or safety, the cost of change and whether one size of OHS laws and enforcement fits a splintering employment structure.

The Liberal National Coalition won the recent Federal Election in Australia, retaining power and with a stronger Parliamentary influence. In terms of quad bike safety, action on the Australian Consumer and Competition Commission’s report will follow the schedule set out by the then Assistant Treasurer Stuart Roberts. Several quad bike manufacturers and their industry lobbying arm, the Federal Chamber of Automotive Industries (FCAI), have ramped up the pressure on the Government now that they smell another three years of sympathetic government.

It is important to keep reminding ourselves that OHS, for most Australians, remains regulated at a State level and national positions and recommendations like that of the ACCC are unlikely to be implemented nationally without Federal laws.

OHS thoughts trapped in the bubble

For the first time in many years, the Safety Institute of Australia’s National Conference heard from two prominent industry association leaders, Mark Goodsell from the Australian Industry Group (AiGroup) and James Pearson, CEO of the Australian Chamber of Commerce and Industry (ACCI). The absence of a representative of the trade union movement to “balance” some of the comments was a weakness of the conference but perhaps unavoidable a few days after a very busy Federal Election campaign. Both conference speakers addressed OHS issues and the topic-de-jour, Industrial Manslaughter laws.

A strong safety conference

The Safety Institute of Australia continues to rebuild its member services, its finances and its reputation. In fact, it is so confident in its future that it has changed its name and brand to reflect this path. From July 2019 it will be known as the Australian Institute of Health and Safety (AIHS). A critical element of the SIA/AIHS strategy is it national conference, the second of which was held in Sydney at the end of May 2019, and it is worth asking whether the conference matched the Institute’s renewed pathway.

Category: law

Make sure you are serious about deeper and better thinking on workplace mental health

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New Safety Podcast focuses on Law

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What does the recent election result mean for workplace health and safety?

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Glyphosate – read the label, assess the risk, take precautions

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Debate on rollover protection rolls on

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OHS thoughts trapped in the bubble

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A strong safety conference

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