Can poor safety management = negligence?

L to R: Catherine Dunlop and Dale McQualter

In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:

“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”

A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.

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HR needs to broaden its pool of risks

Human Resources (HR) professionals often have an enviable degree of influence over the decision making of company executives. In modern parlance, they are “influencers”; as such it is useful to keep an eye on the advice offered by the association that represents HR professionals, the Australian Human Resources Institute (AHRI).

Recently, freelance journalist, David Barbeler wrote “A comprehensive look at what lies ahead for workplaces in 2020” in AHRI’s HR Magazine. Given that the article is headlined as comprehensive, there are several peculiar occupational health and safety (OHS)-related omissions, especially workplace sexual harassment, Industrial Manslaughter, suicide and mental health.

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Australia flags more inclusive strategies for suicide prevention

In late January 2020, the Australian Health Minister, Greg Hunt, announced new funding for suicide prevention programs. As the announcement occurred during the increasing concerns over the coronavirus, media attention to the funding announcement was minimal and this overlooked an important shift in suicide prevention strategies.

Six months ago the Prime Minister appointed Christine Morgan as his Suicide Prevention Adviser. As part of the funding announcement, Morgan spoke about a major change to suicide prevention strategies that acknowledges that not all suicides result from mental illness – a reality that has been emphasised by some Australian researchers for over several years. Significantly Christine Morgan is reported in Newscorp media as saying:

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What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

Continue reading “What employers need to know: the legal risk of asking staff to work in smokey air”

Thinking beyond one’s role on OHS

“My approach tends to be revolutionary.”

A major criticism of the Australian Prime Minister’s handling of the current bushfire disaster in South-east Australia is that he was reluctant to engage in the fire fighting or relief effort. Scott Morrison’s reason was valid – firefighting responsibilities sit with the States and Territories. The Federal Government has no direct role in this.

Australian politics, and progress, continues to be hampered by the Constitutional demarcation of National and States rights and obligations, but Morrison missed the point. One does not have to be directly involved in an event to show support and leadership, and leadership can be effective in a secondary, support role. This is equally the case for occupational health and safety (OHS).

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Stories of engineered stone companies moving interstate to avoid safety obligations

In late December 2019, Dr Graeme Edwards provided an update on Australia’s silicosis situation to the Australian Broadcasting Corporation’s PM program in which he mentions the movement of businesses to avoid occupational health (OHS) and safety obligations and duties.

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Recognition for hard work and inspiration

There seems to be a spate of intelligent and knowledgeable people talking about the structural changes required by businesses to reduce and prevent psychological harm. Two Australian voices are Lucinda Brogden and Dr Rebecca Michalak. New Zealand has Dr Hillary Bennett who recently received a Lifetime Achievement Award at the New Zealand Workplace Health and Safety Awards. Bennett’s interview with SafeGuard magazine should be obligatory reading.

Bennett is asked about the Human Resource (HR) profession and nails a critical difference in the HR approach to the occupational health and safety (OHS) one:

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