Lymph v Blood – OHS at the Jobs & Skills Summit

If Industrial Relations is the lifeblood of the economy and the nation, then Occupational Health and Safety (OHS) is the lymphatic system, a less well-known supplementary system without which blood circulation fails and the body stops working.

Australia’s Job and Skills Summit that has just concluded focused on the blood. Media analysis offered mixed interpretations. The event was politically stage-managed with many agenda items pre-prepared for the Summit to confirm, but it was not a worthless gabfest, as some (who chose not to attend) have asserted. On the matter of occupational health and safety, there was one new initiative but most of the OHS change, if any, is now more likely to come through the (wellbeing) budget in October.

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Evidence provided for structural change in construction safety management

In July 2022, RMIT University release a three-part series on physical and mental health in Australia’s construction industry consisting of Evidence, Exploration and Evaluation. By themselves, they make a strong case for structural reform of the construction sector to improve workers’ mental and physical health.

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Silicosis risk controls exempted for the moment

In 2019, Dr Graeme Edwards said this of the cutters of engineered stone:

“We can’t just rely on the industry to self-regulate. We need to licence the industry and we need to regulate the product….. If we can’t do this, [banning] is a realistic option.”

Recent research commissioned by the Australian Council of Trade Unions (ACTU) and conducted by Curtin University seems to support a ban on the import of engineered stone products with such a high level of silica that cutting them, without suitable controls, can lead to silicosis.

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A new, safer work schedule or continuing employer “flexibility”?

SafetyAtWorkBlog has kept a watching brief on the Australian construction industry and its attempts to improve its workplace culture. On the initiative of no weekend work, there seems to be some dissatisfaction from Brookfield Multiplex, even though that company is a “contributing member ” of the Construction Industry Culture Taskforce (CICT), which advocates for no weekend work and a cap of 50 hours.

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Federal Safety Commission embraces mental health

The Office of the Federal Safety Commission is a weird beast.  It originated from Royal Commission in the Building and Construction Industry which many at the time and since saw as a politically motivated exercise.  But whereas the Australian Building and Construction Commission which also originated in the Royal Commission, is mired in political and media back and forth, the OFSC has remained relatively clean.  This may illustrate the difficulty of arguing against workplace health and safety even when the Commission has a fair bit of safety clutter.

Recently the OFSC joined the workplace mental health movement, a legitimate occupational health and safety element.  It will offer little that is new, but the results of its November 2021 member survey do provide a useful insight into the major construction projects and contractors.

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Progressive report on construction industry culture

An analysis of the safety culture in Australia’s construction industry was launched in October 2021 by a coalition of construction companies under the Construction Industry Culture Taskforce rubric. The Report proposes some interesting and significant changes including capping the working hours to no more than 50 hours and no weekend work. This suggestion is of enormous significance as it challenges the statements of many construction companies of worker safety being their highest priority.

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Lessons for many in the prosecution of Pipecon

The prosecution of Pipecon over two of its workers who died in a trench collapse in March 2018 has opened in Ballarat’s County Court this week. Day one of the plea hearing was reported in the local newspapers and provided details of the circumstances of the events leading up to the deaths of Charlie Howkins and Jack Brownlee.

The investigation of Pipecon generated great bitterness in Ballarat and not only for the Howkins and Brownlee families. There were strong rumours that Pipecon would plead not guilty and argue that their workers were responsible for the trench collapse. Understandably people were angry that the responsibility for the worksite would be transferred to the dead workers.

Several weeks ago, the Court heard that Pipecon would plead guilty to breaches of the Occupational Health and Safety (OHS) Act. Those alleged breaches are being presented in the current plea hearing. As the case is being heard in the County Court, in time, additional details of the findings of the Court will be publicly released, as opposed to cases heard in the Magistrates’ Court.

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