accountability – Page 49 – SafetyAtWorkBlog

Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health and safety (WHS) legislation however it can be argued that the Australian Government, through its supply chain, chain of responsibility and contract management, also has a duty of care to detainees under health and safety laws.

Several recent legal actions and workplace safety guidance indicates that clarification about the duty of care on physical and psychological risks to “others” is overdue.

The OHS context of the Robert Doyle case

The number of prominent men who have come a cropper as a result of their sexual harassment includes the Lord Mayor of Melbourne, Robert Doyle. A workplace safety trade show in Melbourne recently conducted a public panel seminar on the issue of sexual harassment with particular emphasis on the Doyle case. One of the Melbourne councillors at the time, Stephen Mayne, spoke via video. The panel also included a representative of local government, a safety advocate and a lawyer.

One of the most curious elements of this event was that it was conducted in a trade show

Michalak’s evidence should change the wellbeing and OHS industries

Dr Rebecca Michalak has only recently come to my attention, mainly through challenging some of my statements on social media. I was able to meet her and watch her presentation at the Safety Institute of Australia’s National Health and Safety Conference in May 2018. It is likely her voice will become heard more broadly in coming years as she challenges elements of the Establishment.

Many elements of Michalak’s conference presentation can also be heard in the Fit For Work Podcast of Sally McMahon but there were a couple of statements that were notable.

Coping Strategies

“I had a theory that it’s not either/or – it’s an “it depends” thing and what I found across all well-being outcomes, six coping strategies and two samples – that’s 48 mediations – it makes no difference and in fact, most coping strategies make well-being worse.” (emphasis added)

Industrial Manslaughter laws likely for Victoria

With little surprise, at the Australian Labor Party (ALP) Conference in Victoria on 26 May 2018, Premier Daniel Andrews has included the introduction of Industrial Manslaughter laws as a formal part of the campaign for re-election in November 2018.

According to his media release, if re-elected,

“.., employers will face fines of almost $16 million and individuals responsible for negligently causing death will be held to account and face up to 20 years in jail.

A re-elected Andrews Labor Government will make sure all Victorians are safe in our workplaces, with the offence to also apply when an employer’s negligent conduct causes the death of an innocent member of the public..”

There are a lot of steps between an incident and Industrial Manslaughter charges.

An EU donation benefits the NZ OHS profession

Earlier this year the Safety Institute of Australia (SIA) was the beneficiary of funds granted as part of an Enforceable Undertaking (EU) after a company breached occupational health and safety (OHS) laws. This month it was the turn of the New Zealand Institute of Safety Management (NZISM).

As a result of an OHS prosecution of Fletcher Constructions by WorkSafe New Zealand, an Enforceable Undertaking was agreed to and one of the obligations was a $10,000 donation to NZISM. The EU says the donation is intended

“… to assist its work in supporting and providing educational development opportunities for health and safety professionals in New Zealand.”

Grenfell’s “race to the bottom” equally applicable to workplace health & safety

Occupational health and safety (OHS), building safety and public safety often overlap but never more so than in the instance of the Grenfell fire of June 2017. The UK Government has just released the final report into the incident and there are many interesting lessons for workplace health and safety and its social role.

The people deserve more respect from their politicians

According to Hansard, Western Australia’s Opposition Minister for Local Government, Tony Krsticevic put a Question on Notice to the Government about WorkSafe WA’s activities and meetings in relation to the City of Perth. The Council is currently undergoing an independent inquiry into its governance and workplace behaviours. The investigation is scheduled to take 12 months.

Krsticevic asked:

Category: accountability

Duty of Care to the safety and health of “others”.

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The OHS context of the Robert Doyle case

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Michalak’s evidence should change the wellbeing and OHS industries

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Industrial Manslaughter laws likely for Victoria

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An EU donation benefits the NZ OHS profession

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Grenfell’s “race to the bottom” equally applicable to workplace health & safety

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The people deserve more respect from their politicians

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