Category: accountability

Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:

“How WorkSafe applies the law in relation to Reasonably Practicable”

What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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OHS and Rebecca Michalak

Dr Rebecca Michalak is the founder of PsychSafe, a company advising companies on issues related to the interconnectedness of occupational health and safety (OHS), Human Resources (HR) as well as the psychological hazards and structures at work and of work. Her combination of skills and experience is a new one for Australia and Dr Michalak is quickly becoming a strong influence on workplace health, safety, and corporate governance.

Dr Michalak has accepted the opportunity to provide a more personal insight into what she does and why she does it in the latest in a series of articles about humanising OHS.

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Progress back to the old normal

The discussion about recovery from the COVID19 pandemic is starting, particularly in Australian and New Zealand where the infection and death rates seem to be declining quicker than in other countries. The Business Council of Australia (BCA) released its recovery plan on 20 April 2020. The media release is entitled “Business crucial to a safe return to normal“. The word “normal” is more loaded at the moment than normal 🙂 because it belies an assumption that what existed before the outbreak of COVID19 is how the world should be, even though the pandemic has illustrated weaknesses in what used to be the “normal”.

SafetyAtWorkBlog will focus on those elements of the BCA plan that directly or indirectly affect the physical and psychological health of workers but there is also some text, and subtext, that illustrates the ideological position of the BCA.

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What of Victoria’s Industrial Manslaughter laws in 2020?

The coronavirus pandemic may have disrupted plans for International Workers Memorial Day, but it also has taken some of the sting out of the activation of Victoria’s Industrial Manslaughter (IM) laws on July 1 2020.

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“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament:

“The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where it is not reasonable to eliminate a risk, employers will be required to reduce the risks to the lowest level reasonably practicable. Practical risk management does not require employers to go to extraordinary, unrealistic lengths, and never has. Rather, it requires the management of risks that are likely to affect health and safety over which the duty holder has a level of control. This is what the Government has always said, and it has always been Government policy. This is what it intends to enshrine in legislation to give greater certainty to both employers and employees.”

Della Bosca paints “so far as is reasonably practicable” (ASFAIRP) as an integral part of eliminating risks to health and Safety, and it is an integral part of OHS laws, but it is also a limitation, a condition and a concession in achieving safe and healthy workplaces and one that is drastically in need of a thorough independent review.

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