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”

Many employers remain unaware of positive duties to prevent sexual harassment at work

A new report on sexual harassment at work by Ourwatch has been reported on by the Australian Broadcasting Corporation (ABC). The report says: “…. found 40 per cent of workplace leaders surveyed were unaware of their new legal obligations to prevent workplace sexual harassment.” Given that the core legislative obligation to prevent sexual harassment is …

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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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Culture of Compliance and the Fair Work Ombudsman

On the morning of day one of the Australian Labor Law Association (ALLA) National Conference, the Fair Work Ombudsman, Anna Booth, mentioned a “culture of compliance.” She explained the culture of compliance by revealing data in several industry sectors about significant non-compliance based on the activities of the Fair Work Ombudsman inspectors. So, it’s perhaps …

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ALLA and sexual harassment

To understand one’s profession, one must find out how others see it. You may think your actions are vital to the world’s survival, but if others think you are full of shit, you need to revise your strategy. Occupational health and safety (OHS) has a strong sense of its importance but is often seen by …

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