business – Page 85 – SafetyAtWorkBlog

What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

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Auditors and Exorcists

This article was originally published in the SafetyAtWork magazine in March 2002, has been slightly edited with new links included. It is surprising how slow progress in the auditing sector has been, supporting some of the points raised in the Brydon Review.

The Enron saga means many things to many people. Some see the collapse as a result of greed, others as an inevitable result of US corporate capitalism, yet others focus on the political ramifications of the collapse. From a distance and in the context of workplace safety and risk management, the saga can be seen as a wake-up call for all businesses.

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Auditing the auditors

In the wake of several corporate collapses, the UK Government commissioned a review of the business auditing sector. In 2019, the final report of the Brydon Inquiry was released recommending substantial changes to auditing. Occupational health and safety (OHS) is increasingly considered as part of corporate governance so these recommendations have a direct effect on OHS management and reporting.

This report is relevant to Australia for many reasons, principally, because the audit firms that were scrutinised by Donald Brydon operate here.

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Accentuate the positive AND get a lawyer, son

The NSCA Foundation has distributed an opinion piece on the occupational health and safety (OHS) duties of officers. The language in the article is anomalous in the context of contemporary OHS thinking and trends.

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Thinking beyond one’s role on OHS

“My approach tends to be revolutionary.”

A major criticism of the Australian Prime Minister’s handling of the current bushfire disaster in South-east Australia is that he was reluctant to engage in the fire fighting or relief effort. Scott Morrison’s reason was valid – firefighting responsibilities sit with the States and Territories. The Federal Government has no direct role in this.

Australian politics, and progress, continues to be hampered by the Constitutional demarcation of National and States rights and obligations, but Morrison missed the point. One does not have to be directly involved in an event to show support and leadership, and leadership can be effective in a secondary, support role. This is equally the case for occupational health and safety (OHS).

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Stories of engineered stone companies moving interstate to avoid safety obligations

In late December 2019, Dr Graeme Edwards provided an update on Australia’s silicosis situation to the Australian Broadcasting Corporation’s PM program in which he mentions the movement of businesses to avoid occupational health (OHS) and safety obligations and duties.

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Recognition for hard work and inspiration

There seems to be a spate of intelligent and knowledgeable people talking about the structural changes required by businesses to reduce and prevent psychological harm. Two Australian voices are Lucinda Brogden and Dr Rebecca Michalak. New Zealand has Dr Hillary Bennett who recently received a Lifetime Achievement Award at the New Zealand Workplace Health and Safety Awards. Bennett’s interview with SafeGuard magazine should be obligatory reading.

Bennett is asked about the Human Resource (HR) profession and nails a critical difference in the HR approach to the occupational health and safety (OHS) one:

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