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.

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To OPD or not to OPD? That is NOT the question

The current debate and lobbying campaigns over quad bikes in Australia have become less about safety than about product design integrity. The opposition to operator protection devices (OPDs) has been so loud that it has dominated the quad bike safety discussion. So, last week I decided to visit a local quad bike dealer to talk to the sellers not about OPDs but about Safety. I found that some vehicles have safety integrated into their design and operation.

I have learnt that the best conversations happen during the weekdays when shop assistants and managers have the time to devote to someone who may be a potential buyer but is, at least, someone genuinely interested in the product, in this case quad bikes and side-by-side (SXS) work vehicles.

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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.

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Dirty tricks in quad bike debate

This week an online entity has been establishing itself on various social media platforms as “Say No To OPDs”, “Ban The Bar” and combinations of those phrases. These sites are asking people to make submissions to the current inquiry into establishing a quad bike safety standard which is being managed through the Australian Consumer and Competition Commission (ACCC) at the instigation of the Federal Government. This is not an inquiry about quad bike safety; that occurred last year with the ACCC report handed down earlier this year. It is an inquiry about a specific element of safety but this has not stopped a coordinated online push to reject the ACCC’s broader safety and product design recommendations.

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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.

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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.”
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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.

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