“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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New gendered-violence guide is good on the What but thin on the How

Australia’s trade union movement has been at the forefront of many of the occupational health and safety (OHS) changes, especially workplace stress and bullying. Other than Industrial Manslaughter laws, its most recent campaign targeted to a workplace hazard has revolved around work-related gendered violence. Last week WorkSafe Victoria released a guide to employers on “work-related gendered violence including sexual harassment”. The advice in this guide is good but does not go far enough and is less helpful than it could have been.

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OHS data still in short supply

The Peter Sandman quote concerning delivery people and infections that appeared in an earlier SafetyAtWorkBlog article highlighted an issue from 2005 that was taken up in Senator Tony Sheldon‘s questioning of the head of Safe Work Australia, Michelle Baxter, in Senate Estimates on March 4 2020. Sheldon has challenged SWA in earlier committee meetings but his confidence is increasing as he covered more issues than delivery workers and coronavirus.

Michelle Baxter was also questioned on the provision of OHS guidance in languages other than English, silicosis data and the banning of engineered stone.

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Sexual harassment changes are percolating slowly

Discussion on the report into sexual harassment in Australian workplaces went missing last weekend which included International Women’s Day. March 8 generalised much of the discussion on the need for new approaches to feminism, wages and gender equity. This is not to say that organisations had forgotten about the National Inquiry’s Final Report or the occupational health and safety (OHS) context, but few were as blunt about the issue as broadcaster Virginia Trioli and workplace lawyer Liberty Sanger on ABC radio this week.

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More on David Michaels’ book – “statistics are people with the tears wiped away”

I found time to read the rest of David Michaels’ latest book “The Triumph of Doubt“. It was loaded with information that is directly relevant to the Australian occupational health and safety (OHS) sector but more about the manipulation of facts and the stealth of lobbyists and influencers than on the hazards themselves. Here’s my take on some of his thoughts.

Two Australian case studies that would not have been out of place in a book like Michaels’, or even an Australian supplement to his book, were quad bikes and workplace mental health. Quad bike safety is the better fit with Michaels’ approach as many of the techniques of Zellner and Dynamic Research Incorporated, and the strategies of international all-terrain vehicle manufacturers, reflect the those strategies in the book.

David Michaels writes about chemicals, primarily, but many of his words hint that similar “doubt scientists” could be already in the psychological health and wellness sector, except these scientists are less about reacting to litigation and legislation than supporting and strengthening an industry in anticipation of increased regulatory scrutiny. “Pre-action”, perhaps?

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The Triumph of Doubt is essential reading

When a former head of a national occupational health and safety (OHS) regulator writes a book, it may be a curiosity (and it is rare). But when the writer is the former Assistant Secretary of Labor for the US Occupational Safety and Health Administration, the book becomes interesting. When the book is called “The Triumph of Doubt – Dark Money and the Science of Deception“, it becomes a must-read. SafetyAtWorkBlog dips into David Michaels‘ new book (as I only received it yesterday) and finds treasure.

This is not the first time that Michaels has written about Doubt and how whole industries have developed to create, market and exploit Doubt for the benefit of the Establishment. However, the new book is super-topical in this time of “Fake News” and blatant disregard of science and scientists.

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The quest for integrity and accountability

Accountability is the goal of many who seek social justice and improved equity. This goal can also include the quest to improve occupational health and safety (OHS) but Accountability cannot be separated from other business elements such as Integrity. Many of these goals exceed what is legally required. Being a law-abiding citizen does not automatically mean that one is operating with fairness, integrity or safety.

This reality was on show recently in some of the committee hearings of the Australian Senate and through the questions posed by Senator Rex Patrick of the Centre Alliance party.

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