Duty of Care – Page 38 – SafetyAtWorkBlog

Long commute times need to be factored into OHS structures

The mainstream media reported on the release of new demographic statistics from the latest HILDA survey (Household, Income and Labour Dynamics in Australia). Most of the attention is on the increasing commuting times to and from work in the urban centres. Traffic is not usually an occupational health and safety (OHS) issue but traffic congestion reduces the effectiveness of our social recuperation and recovery structures and work/life balance initiatives.

Industrial Manslaughter concerns of the Victorian government taskforce

In April this year the Victorian Government’s Workplace Manslaughter Implementation Taskforce raised the following issues in its Criminal Law Reform Consultation Paper, seen by the SafetyAtWorkBlog:

the definition of “person” in the OHS and proposed Industrial Manslaughter laws
the establishment of negligence and the standard of care expected by the reasonable person
the extension of Industrial Manslaughter offence to the deaths of members of the public
whether a decision or act causes the death or only contributes to it
exceptions to the laws beyond just volunteers
inter-agency cooperation and coordination for effective prosecutions.

If you have any information about safety-related issues or incidents, remember that SafetyAtWorkBlog operates a confidential and anonymous information line at https://safetyatworkblog.whispli.com

Medical and OHS sectors must start speaking the same language on mental health

For many years, the Australian medical has been supportive of a “Health Benefits of Good Work” (HBGW) initiative. This initiative, started in 2010, is directly relevant to how Australia is determining its mental health policy and strategies especially as they relate to workplaces. The initiative was developed by:

“…. the Australasian Faculty of Occupational and Environmental Medicine (AFOEM) of The Royal Australasian College of Physicians (RACP). This initiative is based on compelling Australasian and international evidence that good work is beneficial to people’s health and wellbeing and that long term work absence, work disability and unemployment generally have a negative impact on health and wellbeing.”

This initiative can be seen behind many of the public statements about the mental health status of the unemployed as this sits within the public health and the social welfare sectors, but it is rarely mentioned by those providing occupational health and safety (OHS) advice.

“They did not know what to say, so they stop saying anything at all”

Behind every call for Industrial Manslaughter laws in Australia over the last twenty years has been is a deeply grieving family. We often see relatives on the TV News, standing outside of Courts, or at memorial sites. SafetyAtWorkBlog fears for the mental health of these people who have usually been traumatised by the death and whose experiences in the immediate aftermath and the months afterwards often exacerbates that trauma.

But people have been killed at work for centuries and often the current pain and anger is so raw that we fail to remember those who have already gone through this process because their voices have often been used and discarded.

SafetyAtWorkBlog spoke with several bereaved relatives who have experienced the loss of a relative at work. The focus was on those whose relatives died over a decade ago, to gain a more measured and reflective perspective and in order to understand what may be in the future for all of us who have workers in our families. I responded more emotionally to these stories than I expected and have found it difficult to write about the issues I intended to address, so I have decided to let these interviews and stories stand pretty much by themselves.

The first of these responses is from Jan Carrick. Her 18-year-old son Anthony died in 1998 on his first day at work. One article written in 2003 about Anthony’s death and that of other young workers said this:

Burnout – OHS regulators clarify their positions

The prominence of Burnout as an occupational health and safety (OHS) matter has gained renewed prominence since the World Health Organisation (WHO) recognised it as an “occupational phenomenon“. But WHO equally stressed that Burnout

“… is not classified as a medical condition.”

SafetyAtWorkBlog asked several OHS and workplace experts in Australia and overseas about how to prevent Burnout. Below is the first of a series of articles in which Australian OHS Regulators provide their take on the issue. The next part will look at some overseas and non-regulatory perspectives.

Burnout of a different kind

[Updated 12 noon 12 June 2019]

Why do some companies accept or propose an Enforceable Undertaking in relation to breaches of occupational health and safety law? This media statement from WorkSafeNT dated June 7, 2019 illustrates one answer:

“Car Festivals Pty Ltd and the Northern Territory Major Events Company Pty Ltd committed to spend a combined $1.2 million in legally binding agreements, when it became clear NT WorkSafe was considering laying charges over the incident.” (emphasis added)

This reads like someone has calculated the potential cost (fines, etc) to the companies from an OHS prosecution and has opted for the cheaper option. And $1.2 million is a hefty financial commitment.

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.

Category: Duty of Care

Long commute times need to be factored into OHS structures

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Industrial Manslaughter concerns of the Victorian government taskforce

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Medical and OHS sectors must start speaking the same language on mental health

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“They did not know what to say, so they stop saying anything at all”

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Burnout – OHS regulators clarify their positions

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Burnout of a different kind

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

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