Agriculture Has the Injuries of a Regulated Industry, But Not the Regulation

Over the past few months, I have increasingly encountered the term “regulated industries” in the context of occupational health and safety (OHS) laws. In OHS in Australia, these industries seem predominantly to include: I can identify no reason why farming should not also be a “regulated industry”....

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We let people off the hook when we keep talking about organisations and corporations

Over the last few decades, occupational health and safety (OHS) thinking has emphasised that the tangible hazards and risks at work are primarily created by unsafe systems of work or by poor organisational culture or maturity. I am not sure that “organisational” is the most appropriate adjective. There are better alternatives: terms that re-humanise the …

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Why do we need a “positive duty” to prevent harm?

In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational …

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OHS and Politics

In support of Australia’s Safe Work Month, I have recorded a 12-minute opinion piece on how Australian politics since 2010 has affected the perception and development of occupational health and safety, based on past SafetyAtWorkBlog articles. It is an interesting opportunity to reflect on the decisions and actions of influential individuals like Julia Gillard, Kristina …

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Deterrence Delayed, Lives at Risk—Will Victoria’s Leaders Respond?

The Victorian Government has yet to respond to a report on occupational health and safety (OHS) sentencing and penalties that it received over the Christmas period. The longer it takes to respond to the Sentencing Advisory Council recommendations, the more delayed the action required to improve the systems, which can deter employers from ignoring their …

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Whether it’s a book or a brick, it is invaluable

The latest edition of Creighton & Stewart’s Labour Law book (7th edition) has been released. I say “book”, but it is almost a brick, weighing in on my scales at 1.8 kilograms (see photo below). The book is excellent and probably authoritative, with the primary negative being its size and format. This article focuses on …

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Farmer who killed his three-year-old goes to jail

At the end of February 2025, a farmer in England was jailed for 12 months following a successful prosecution by the Health and Safety Executive. In 2022, the farmer, Neil Speakman, drove over his three-year-old son, Albie, in a telehandler that Speakman was not qualified to use and had restricted visibility. Speakman was jailed after …

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