“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament:

“The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where it is not reasonable to eliminate a risk, employers will be required to reduce the risks to the lowest level reasonably practicable. Practical risk management does not require employers to go to extraordinary, unrealistic lengths, and never has. Rather, it requires the management of risks that are likely to affect health and safety over which the duty holder has a level of control. This is what the Government has always said, and it has always been Government policy. This is what it intends to enshrine in legislation to give greater certainty to both employers and employees.”

Della Bosca paints “so far as is reasonably practicable” (ASFAIRP) as an integral part of eliminating risks to health and Safety, and it is an integral part of OHS laws, but it is also a limitation, a condition and a concession in achieving safe and healthy workplaces and one that is drastically in need of a thorough independent review.

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Sexual harassment changes are percolating slowly

Discussion on the report into sexual harassment in Australian workplaces went missing last weekend which included International Women’s Day. March 8 generalised much of the discussion on the need for new approaches to feminism, wages and gender equity. This is not to say that organisations had forgotten about the National Inquiry’s Final Report or the occupational health and safety (OHS) context, but few were as blunt about the issue as broadcaster Virginia Trioli and workplace lawyer Liberty Sanger on ABC radio this week.

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Final Sexual Harassment Inquiry report

“The Sex Discrimination Commissioner has come out with something that is clear, which is that sexual harassment is a workplace right, is a health and safety right, is a human right.” [??!!]

What would be more accurate and reflective of Michele O’Neil’s position is that workers have a human, health and safety, and workplace right to a workplace that is without the risk of sexual harassment.  The ACTU President gets the message right in the official media release.

O’Neill urges the Morrison Government to take the final report into sexual harassment in Australian workplaces and its recommendations seriously and it should, but the signs are not good.  The mainstream media coverage of the Workplace Sexual Harassment Inquiry’s report has been thin. 

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New air quality standards for outdoor work

On January 30 2020, the Victorian Trades Hall released a new “approved safety standard” on air quality risks for outdoor workers. It is the latest of a series of alerts and guidelines generated by the persistence of bushfire smoke in urban areas of, especially, New South Wales and Victoria. Bushfire smoke is only going to become more frequent in Australia, and its persistence over weeks, requires a coordinated discussion on how Australian workplaces and practices need to change to adapt to the new climate.

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Ballarat workers’ memorial

Ballarat Trades Hall is looking for an artist to design and produce a memorial to Jack Brownlee and Charlie Howkins who died as a result of a trench collapse in Delacombe, Victoria in 2018. Any memorial requires careful consideration and broad consultation with all the relevant stakeholders.

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Instead of throwing stones, build a stronger house

Stock photo of hot worker who, yes, should also be wearing long sleeves and a hat.

On 19 December 2019, the Australian Council of Trade Unions (ACTU) issued a confusing and, ostensibly, three-paragraph media release about working in heat, a hazard that has been regularly analysed by SafetyAtWorkBlog. It states:

“OHS laws which are designed to keep workers safe at work need to be updated to deal with the reality of climate change, which will mean hotter days and more bushfires, resulting in conditions which are hazardous to workers, especially those who work outside.”

Paragraph 1 – update the occupational health and safety (OHS) laws. Paragraph 3 – new regulations needed:

“… we call on the Morrison Government to act urgently to implement new regulations to protect workers from these hazards.”

So which is it – enforce the old or create new?

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Cocky on Industrial Manslaughter and confident on OHS of vehicles

Even before the Victorian Parliament (maybe) passes the Industrial Manslaughter amendments to the Occupational Health and Safety Act, Premier Daniel Andrews is promising new, targeted investigative resources. Even though Andrews acknowledged that the laws may not pass, he seems super-confident and we know that politics is littered with cases of over-confidence.

If the opposition Liberal/National Party coalition wanted to seriously embarrass the Premier and this Labor Government, it could nobble the changes in the Legislative Council in a move that would be popular with the major business organisations, agricultural industry groups and farmers.

Many of the issues Andrews’ raised at the Victorian Labor Party conference on 16 November 2019 make a lot of sense, but why jeopardise a crucial vote on the Industrial Manslaughter laws? And how will he bring commercial vehicles into the occupational health and safety statistics, as he has promised?

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