It’s not “all about safety”

The Australian media on May 16 and 17, 2018 contained several articles about the dropping of a blackmailing case against two prominent trade unionists, John Setka (pictured right) and Shaun Reardon.  There are many issues and allegations in this legal action which started from a contentious Royal Commission and an ongoing dispute between the CFMMEU and the Grocon construction company.

Some unionists, such as the ACTU Secretary, Sally McManus on ABC Radio, say that the current case was “all about safety”.  It is not all about safety and such misrepresentation needs to be called out.  The original dispute was over the election of Health and Safety Representatives (HSR) – whether these could be appointed by the company or the union.  This quickly became about power and influence not specifically about workplace health and safety.

There is no doubt that Setka has a

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Good data but never enough

The Australian Institute of Health and Welfare (AIHW) released two statistical reports on May 16 2018, one concerns eye injuries and the other, hospitalised injuries.  Some occupational injury data is readily accessible, particularly on eye injuries.

“Eye injuries in Australia 2010–11 to 2014–15” states this about occupational injuries Continue reading “Good data but never enough”

OHS, IR and PPE

In 2015, the Australian Building and Construction Commission (ABCC) took legal action against the Construction Forestry Mining and Energy Union (CFMEU) and one of that union’s organisers, Pomare Auimatagi, over the organiser’s actions seemed to breach one of  John Holland’s personal protective equipment (PPE) policies. The CFMEU and Auimatagi were found guilty of breaching the Fair Work Act and fined over A$58,000 by the Federal Circuit Court on 9 March 2018.  The case raises a couple of occupational health and safety management issues.

According to

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Toughen up, Princess

Today the Medical Journal of Australia released a media statement entitled:

“FIFO workers’ psychological distress “alarming””

What is more alarming is that the levels of psychological distress have remained high even though there have been inquiries into the mental health of Fly-In Fly-Out workers in Western Australia and Queensland since 2014!!

Western Australian research undertaken by

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Rebooting the Duty of Care

The primary occupational health and safety (OHS) duty rests with employers or, as they are known in most Australian jurisdictions, Persons Conducting a Business or Undertaking (PCBU).  Laws are based on an assumption that employers are aware of this duty and that this duty, to provide a safe and healthy work environment without risks to health, reflects the employer’s social position and social responsibility or the company’s “social licence“.  But there have always been employers who do not care and who see employees only as units of labour and who believe that “if you don’t like working here, there’s the door”.  It is time for a reboot.

Many Western countries are beginning to review their OHS laws in light of the changing nature of work but these reviews continue to be based on the assumption that employers care even though the emergence of the gig economy and the new

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Australian Workplace Safety Bureau

There seems to be a growing community frustration with regulators who hesitate to prosecute about breaches of laws, including occupational health and safety (OHS) laws, and about options that sound reasonable, like Enforceable Undertakings, but still let businesses “off the hook”.  The calls for Industrial Manslaughter laws are the most obvious manifestations of the anger and frustration from perceived injustices.

But perhaps there was another way to achieve change in workplace safety, a way that could be based on a model that Australia and other countries already have.

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Unsafe systems of management

Excessive workplace stress in the medical profession is well documented but stress is often seen as a minor workplace hazard that is fairly easily dealt with by holidays, for instance, or is dismissed as an “occupational hazard” or part of the entry to the profession or just part of the culture, with the implication that nothing can change.  Only recently have work-related suicides garnered serious research attention and these incidents are now being openly discussed, as this April 2018 article in the MJA Insight shows.

The author of the opinion piece, Dr

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