Culture of Compliance and the Fair Work Ombudsman

On the morning of day one of the Australian Labor Law Association (ALLA) National Conference, the Fair Work Ombudsman, Anna Booth, mentioned a “culture of compliance.”

She explained the culture of compliance by revealing data in several industry sectors about significant non-compliance based on the activities of the Fair Work Ombudsman inspectors. So, it’s perhaps more important to talk about a non-compliance culture rather than a compliance culture.

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Two very different Safe Work Month events

In the last week of October 2024, which is Australia’s National Safe Work Month, WorkSafe Victoria held two notable webinars: “Addressing and improving health and safety issues in the workplace” and ” Prevent and manage psychosocial hazards in the workplace.” The themes were occupational health and safety (OHS), but the webinars differed greatly in content and presentation.

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More clarity on what is reasonably practicable

Reasonably practicable control measures are most often determined by the courts during a prosecution.  Every other determination of reasonably practicable in occupational health and safety (OHS) compliance is an educated guess by employers.  However, this does not always have to be the case, as a short excerpt from the Annual Report of New Zealand’s Ombudsman illustrates.

Pages 52 and 53 summarise a complaint made to the Chief Ombudsman questioning WorkSafeNZ’s handling of an investigation into a:

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Learn about OHS through alternative perspectives

On the iconic discount table in Readings Carlton bookshop is one of the most interesting occupational health and safety (OHS) books – The Careless State by a Professor of Political Science at Melbourne University, Mark Considine. This book was not written by an OHS specialist with all the associated ideological and philosophical baggage. And really, it is mainly one chapter that justifies the description “Worker’s Health and Safety.”

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“Does my business comply with the OHS/WHS law?”

Employers struggle to know if their businesses comply with the local occupational health and safety (OHS) or work health and safety (WHS) laws. They always have and, likely, always will. Employers are hungry for certainty and are often annoyed with OHS advisers who refuse to give a definitive answer to the question in this article’s title.

In the 1990s, particularly in Victoria, there was almost a frenzy for a simple audit tool developed through WorkSafe Victoria called SafetyMAP. It disappeared well over a decade ago, but my Goddess, it was popular, and small business operators especially wanted it. Even when its effectiveness was questionable.

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