A closer look at the positive duty to prevent sexual harassment

The big occupational health and safety (OHS) news in Australia has been the release of the federal government’s response to the Respect@Work report on sexual harassment in Australian workplaces. And the biggest issue in that response seems to be the government’s lack of enthusiasm for a major recommendation of Sex Discrimination Commissioner Kate Jenkins, the …

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The Spiritualism of HR

“Trust us” is one of the riskiest phrases anyone can use. It may be even riskier to accept it. In workplaces, it is often the start of a relationship, but it can also be the start of betrayal. Part of the risk in starting any new job is that new employees must accept their introductions …

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OHS needs to create discomfort

Occupational health and safety (OHS) decision-making by employers is dominated by reasonably practicable safety and health decisions. OHS advice is similarly dominated, leading to an industry that is cowed by the need for job security and tenure. OHS teaching in tertiary institutions is also influenced, if not dominated, by what is seen as (right-wing) “business …

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Industrial Manslaughter fears

The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context....

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Psychosocial laws may encourage political risks

In December, Australian law firm Maddocks launched its 2023 Year in Review. Two items were directly relevant to occupational health and safety (OHS) – Sexual Harassment and Psychosocial Safety – both addressed by Catherine Dunlop. The size of the challenge ahead on both these topics was shown by the Australian Financial Review on December 7, …

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Arguing over the WorkCover scheme’s viability again avoids harm prevention

The Victorian Parliament has been debating legislation the government claims is essential to fix a “broken” workers’ compensation system. There are a lot of elements to what is broken – premium increases, political access to WorkSafe finances, political topping up of WorkSafe finances, high numbers and costs for workplace mental health compensation claims and more. …

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