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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Insurance may diminish a director’s commitment to their positive OHS duty

Neil Foster of the University of Newcastle is known to SafetyAtWorkBlog for his work looking at the legal liabilities of company directors and officers.  Recently Foster released a paper called “You can’t do that! Directors insuring against criminal WHS penalties” which provides an additional legal context to an earlier blog article. Foster acknowledges that “…provisions of the criminal law imposing personal … Continue reading “Insurance may diminish a director’s commitment to their positive OHS duty”

Positive duties everywhere

One area where human resources (HR) and occupational health and safety (OHS) do not overlap in practice is diversity, equity, and inclusion (DEI), but they should. OHS cannot operate without effective consultation, and part of that effectiveness comes from a diversity of information, respectful conversations, and the inclusion of sometimes uncomfortable perspectives or truths. Recently, …

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Disconnect and Positive Duties

Recently the Australian government released the interim report of the Select Committee on Work and Care. This committee is one to watch for many reasons; the least is that it is chaired by Senator Barabara Pocock, a leading researcher and writer on issues related to work/life balance and workplace equity. The report does not address …

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Significant workplace culture investigation but OHS missed again

Australia’s news media is reporting a shocking report about the workplace culture of parts of the Nine Entertainment organisation – bullying, sexual harassment, abuse of power – all the elements of organisational culture that can be found in any company if one scratches the surface. Scratching is one of the aims of the occupational health …

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“How can I make my workers safer?”

Most of the Australian occupational health and safety (OHS) regulators have released their calendars of events for October.  There are many invaluable events, especially for those in small- to medium-sized businesses or who have been delegated as “responsible” for OHS in those companies. There are several special events and symposiums for those of working in … Continue reading ““How can I make my workers safer?””

The first psychosocial hazards book

It has taken some time for an Australian to produce an affordable book on managing psychosocial hazards in the workplace. I have reservations about The Science of Happy Employees, self-published by Dr Brenda Jamnik. It is not the book I would write if I ever got off my arse to write one, but it seems …

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