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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Governments should set the OHS bar much higher

It should be clear to readers by now that I am not a lawyer. My interest is in the practical application and compliance with occupational health and safety (OHS) laws. Those laws often encouraged employers to look for the source of workplace harms and hazards, with government agencies advising that addressing these causes is the most effective and cost-effective way to manage OHS. In this context, it seems to me that clients can significantly influence OHS, as they may be a major source of work-related harms and risks. But their role is often downplayed.

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When Leadership Fails the Soul

Dean Yates is a prominent Australian speaker on the issue of moral injury. Yesterday, at a WorkSafe Tasmania seminar, Yates brought the 250 attendees up to date on the status of moral injury and its occupational context. Although this seminar was a Safe Work Month event, Yates’ information requires some thought to fit with the occupational health and safety (OHS) and psychological hazards contexts.

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Old news is new news

Recently, parliamentary workplaces in the United Kingdom and Australia have had scandals about inappropriate behaviour – COVID-era parties and sexual harassment and assault, respectively. Official inquiries have repeatedly identified that Ministers and parliamentarians are overwhelmed with paperwork and expectations of being contactable 24/7. These do not excuse poor, unsuitable or criminal behaviour, but they are part of poor work design and contribute to poor psychological health and can be improved. But overwork in parliament is not a new phenomenon.

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OHS Law Was Meant to Empower, Not Excuse

Australian occupational health and safety (OHS) laws require employers to be compliant with their OHS duties, but also allow the flexibility for employers to determine their own level of compliance. This has complicated OHS because employers can never be sure that they are in compliance. Compliance and non-compliance are usually determined accurately through the courts after legal action by the OHS regulatory agency and after a workplace incident. This uncertainty is compounded for small business owners who just want to be told what to do to be compliant.

Perhaps the most challenged industry sector is farming, which cannot avoid the uncertainty that the OHS laws provide. This uncertainty is one that highly-resourced employers are proud to claim as a well-fought-for benefit, namely, flexibility, but it is more of a problem for isolated rural workplaces and small businesses.

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Employer Responsibility in Workplace Safety is Being Overlooked

In the ongoing debates about workplace safety, a critical question is often left unasked: What are employers doing to ensure safe and healthy work environments, and why are their responsibilities so frequently underplayed in public discourse? Too often, when workplace safety issues arise, the conversation quickly shifts to affordability and government intervention.

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