Category: accountability

“Careful” being replaced by “Mindful”

American television drama Hill Street Blues almost always included a pre-work briefing with the senior officer concluding with a “Let’s be careful out there”.  Whether the officers paid attention to this all the time is debatable, but it was an important statement that revolved around Care.

In occupational health and safety (OHS) briefings and political speech, Care is often replaced by alternative words, particularly “Mindful” – “Let’s be mindful out there”. Does this mean the same as Careful? Why replace the word Care? Are we embarrassed by Care? Does Care promise more than we can deliver?

OHS is based on a principle of the Duty of Care. One of the most useful discussions of this principle is the 2005 West Australian guidance on this. It says:

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COVID, Blame and Employers

Australia has not had a crisis in public health to the magnitude of COVID-19 for a very long time. It is understandable for people to look at a public health crisis through the reference point of their own experience and profession. There is an overlap between the management of the pandemic and occupational health and safety (OHS), but that overlap should not be inflated.

Jason Thompson wrote an excellent (and recommended) article on COVID-19 and blame for the University of Melbourne titled “Get Ready for a Shift in the COVID Blame Game”. I had the chance to put a few questions to him about the article.

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Political attack falls flat

There is an animosity between the Liberal Party in Victoria and some of its sympathetic media and WorkSafe Victoria, particularly aimed at the CEO, Colin Radford. Most of this has been played out in the mainstream media, but recently, in the Public Accounts and Estimates Committee (PAEC) of the Victorian Parliament, the Deputy Chair, Richard Riordan (Liberal), slagged off WorkSafe and Radford over Victoria’s Hotel Quarantine Program. His attack was ineffective and showed a lack of understanding of WorkSafe’s enforcement role and occupational health and safety (OHS) laws.

This performance overshadowed some of the points being made by the Minister for Workplace Safety, Ingrid Stitt (ALP), in the hearing. However, she omitted the upcoming imposition of on-the-spot fines.

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Why have Australian workplaces become safer?

The number of work-related fatalities in Australia is declining. Plenty are claiming credit for this, but no one knows for sure which prevention strategies have been successful over the last twenty-odd years and/or to what degree. Australia’s recent Intergenerational Report may offer some clues to the reasons for this decline in traumatic workplace deaths and a way forward. This article dips into the 200-page report.

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Is Ken Phillips shooting the messenger and missing the real reform target?

Ken Phillips of Self-Employed Australia is continuing his pursuit of Victorian politicians for breaches of the occupational health and safety (OHS) laws after the failure of the State’s Hotel Quarantine Program that led to the deaths of some Victorians from COVID-19. He has supporters in some of the mainstream media and was recently interviewed by Peta Credlin on Sky but perhaps the clearest explanation of his aims is in an interview with George Donikian on The Informer in May 2021. Just recently, Phillips obtained an update from WorkSafe Victoria and has been doing the media rounds again.

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Law firms are a focus for sexual harassment reforms

This year coverage of The Australian newspaper’s annual Legal Partnership Survey has focused on the number of women partners in law firms. This increase has generated discussion on sexual harassment, which has revealed some of the activities that law firms use to prevent the psychological harm (and brand damage) from sexual harassment; many strategies that are already very familiar to the occupational health and safety profession

Sex Discrimination Commissioner Kate Jenkins has been paraphrased in the article (paywalled), saying

“Non-disclosure agreements should be used to protect people who have been the subject of sexual harassment, rather than to reduce brand damage to organisations…..”

[link added]
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The restricted state of knowledge – NDAs and OHS

A core element of the management of occupational health and safety (OHS) is creating and maintaining a “state of knowledge” on hazards and risks. There is an enormous amount of information already available in various OHS encyclopaedias, wikis and bodies of knowledge, but some of the most important information continues to be locked up in non-disclosure agreements and confidentiality clauses. On the issue of workplace sexual harassment, a recently established inquiry in Victoria, Australia, is set to look at the mechanisms that are principally used to protect the reputation of companies and executives but that could also have broader OHS benefits.

Liberty Sanger and Bronwyn Halfpenny are heading a task force designed by the Victorian Government to

“…develop reforms that will prevent and better respond to sexual harassment in workplaces.”

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