Has Having Safe and Healthy Work as a Human Right Improved OHS in Australia?

When the International Labour Organisation declared safe and healthy work a fundamental human right in 2022, Australia quietly joined a global shift that reframed workplace safety from a technical discipline to a matter of human dignity. It didn’t make headlines. It didn’t trigger a legislative overhaul. But it did change the ground rules.

The question is whether this shift has improved worker health and safety in Australia—or whether it risks becoming another layer of symbolic language sitting comfortably above the realities of work.

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Inside the Psychosocial Safety Challenge: A Conversation with Ian Neil SC

“[Psychosocial hazards] is not coming, it’s arrived, and prosecutions will happen unless [employers] take serious steps to address the issue.”

Recently, I had the opportunity to interview Ian Neil SC on some occupational health and safety (OHS) matters related to psychosocial health.

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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 decision-making process and acknowledge that culture comprises people.

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What changes does Leadership Require

In the landscape of occupational health and safety (OHS), executive leadership is often framed through the lens of compliance. However, as I and others have long argued, the law is the minimum; leadership must aim higher. Across hundreds of SafetyAtWorkBlog articles, a consistent theme emerges – safety leadership must evolve from bureaucratic oversight to moral accountability.

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Unsafe Back Then, Unsafe Now. Why Leadership Must Change

To truly understand occupational health and safety (OHS) issues, it is necessary to examine OHS concerns beyond one’s own industry. Recently, this blog has reported on some parliamentary debates on OHS in the horse racing industry. The November edition of The Monthly includes an exposé of the OHS of Australia’s horse racing industry by freelance writer, Madison Griffiths, with lessons for all of us on morality, Godliness, accountability and leadership. The article is paywalled but well worth the purchase.

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Why Known Hazards Still Kill – Falls from Heights

Recently WorkSafe Victoria revealed that in 2025:

“In the first half of this year, 174 Workcover claims have been lodged from the construction industry, from falls alone. A further 34 businesses have been charged and another 28 duty holders faced legal action, accumulating more than 2.54 million in fines, undertakings and costs. That already tops the entire 2024 figure of $1.65 million from 33 charged or prosecuted entities.”

I had the opportunity to ask WorkSafe’s Chief Health and Safety Officer, Sam Jenkin (pictured above), why such a well-known workplace hazard persists.

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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 health and safety (OHS) legislation has had its positive duty to prevent work-related harm since 1985. So why this current push for positive duties?

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