OHS and wage theft

Australia is several years into a scandal of underpayment of workers referred to, by some, as wage theft. Occupational health and safety (OHS) would not normally figure in a wages and industrial relations (IR) scandal but the scandal has a legitimate OHS context.

The previous, and ongoing, scandals are not going to be summarised in this article as there are plenty of articles elsewhere in lots of different media but there is a common thread in many of the scandals. Workers are not being paid for some of the time they spend at work, work that is commonly described as unpaid overtime. This unpaid overtime extends the working day, for a variety of reasons, and OHS may not accommodate these additional hours (as they are “not official”) or OHS may be “stretched”, or risks downplayed.

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Ethics, safety and fingertips

Last week the Australian Institute of Health and Safety (AIHS) launched its Body of Knowledge Chapter on Ethics in Melbourne to a small group of occupational health and safety (OHS) professionals. Participants were asked to outline an ethical challenge they had faced as OHS professionals.

In that same week, WorkSafe Victoria issued a media release that showed a poor follow-through by a business on advice from an OHS professional.

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Cliché creates mixed message on OHS

In a welcome announcement about additional funding for WorkSafeACT, the Australian Capital Territory’s Minister for Employment and Workplace Safety, Suzanne Orr, stated that

“Safety is everyone’s responsibility and we must work together to create a strong safety culture so all workers can return home safe at the end of the day”

Orr needs to have her people think a little deeper before using the “everyone’s responsibility” cliché especially as WorkSafeACT gains independence for the first time ever.

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Industrial Manslaughter – politics, suicide and misrepresentation

The 2020 business year has started with a bunch of occupational health and safety (OHS) seminars. Given last year’s moves towards Industrial Manslaughter laws in several Australian States, a discussion of these laws is inevitable and there are some voices calling out the politics of the issue. Herbert Smith Freehills’ Steve Bell is one of them.

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The Brady Report busts myths and offers a new way

A bombshell occupational health and safety report was tabled in the Queensland Parliament on February 6, 2020. Dr Sean Brady of the Department of Natural Resources, Mines and Energy undertook a forensic assessment of mining fatalities occurring over almost 20 years and has made recommendations that busts some mine safety myths and offers a, potentially very disruptive, way forward.

Brady issued 11 recommendations with many of them hitting the OHS regime of mining companies and safety regulators hard. As the report is over 300 pages, this article is based largely on the Executive Summary.

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HR needs to broaden its pool of risks

Human Resources (HR) professionals often have an enviable degree of influence over the decision making of company executives. In modern parlance, they are “influencers”; as such it is useful to keep an eye on the advice offered by the association that represents HR professionals, the Australian Human Resources Institute (AHRI).

Recently, freelance journalist, David Barbeler wrote “A comprehensive look at what lies ahead for workplaces in 2020” in AHRI’s HR Magazine. Given that the article is headlined as comprehensive, there are several peculiar occupational health and safety (OHS)-related omissions, especially workplace sexual harassment, Industrial Manslaughter, suicide and mental health.

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Industrial Manslaughter exemption for mining looks over

Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.

Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.

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