There is a Duty of Care But No Duty to Act

Australian work health and safety (WHS) law rests on the deceptively simple proposition that those who create or control risks must eliminate them, or reduce them so far as is reasonably practicable. It is a neat legal phrase that also hides much of the workplace reality.

Anyone who has spent time in workplaces knows how difficult it is. Most occupational health and safety (OHS) decisions are not reviewed by an inspector, challenged by a worker, or tested in court. They are made inside businesses, under commercial pressure, by people who may genuinely want to do the right thing but are also trying to meet production, budget and staffing demands. Too often, the employer’s view of what is “reasonable” becomes the working standard until something goes badly wrong.

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Understanding How Work-From-Home Reshapes Psychosocial and Safety Obligations

Yesterday I posed the following questions for Victoria’s upcoming Parliamentary Committee inquiry into proposed work-from-home (WFH) laws.

  • Does WFH increase or reduce psychosocial harm?
  • Does WFH improve or worsen fatigue, workload, or burnout?
  • Does WFH reduce commuting‑related risks (not just monetary costs)?
  • Does remote work affect hazard reporting or supervision?
  • Does WFH change the risk profile for vulnerable workers?

Below I offer some answers.

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WorkSafe Victoria’s Evolving Regulatory Message on Mental Health

Across her 2024 and 2026 appearances at the Psych Health and Safety Conference, WorkSafe Victoria’s Amy Salmon’s message about psychosocial regulation in Victoria has shifted from explaining that psychosocial and psychological obligations exist to showing how compliance works in real life. The shift is subtle but important. In 2024, she was still fighting the battle of psychosocial legitimacy, pushing back against employers waiting for “the regs,” while by 2026 she was focused on operational detail, inspector capability and what reasonable compliance looks like in real workplaces.

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Why Context Matters More Than Ever in Psychosocial Risk Management

Day 1 of FlourishDx’s Psych Health and Safety conference ended this year with a flourish, featuring a Family Feud-style contest between Occupational Health and Safety (OHS) and Human Resources (HR). It was a raucous conclusion to a day of mixed safety messages.

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Australia’s Migrant Majority and the New Realities for OHS

Australia is living through a demographic and economic shift that is far more consequential for workplace safety than most organisations or regulators have acknowledged. George Megalogenis’ new book, Three Shocks, identifies three structural changes reshaping the nation: Australia is now a majority‑migrant country; professional women have overtaken blue‑collar men as the largest occupational group; and the geopolitical environment that once provided stability has become unpredictable. These shocks are lived realities in workplaces, and they demand an occupational health and safety (OHS) overhaul.

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Trade unions, OHS and the hard question of representation

Trade unions have always had a substantial role in Australian occupational health and safety (OHS), particularly in the construction industry. That role should not be dismissed, minimised or romanticised. The history of union involvement in workplace safety is one of pressure, persistence and, at times, confrontation. But the more difficult question is whether trade unions should automatically control worker representation on health and safety matters. The answer is not as simple as many union advocates would like.

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The Royal Commission Needs Strong Consideration of OHS Actions and Consequences

The Victorian Government, under its new leader, Ben Carroll, has announced the “Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects in Victoria“. The Terms of Reference (ToR) have largely been praised for their breadth, but do they have any occupational health and safety (OHS) relevance? Early reporting of the government’s announcement often mentioned that the

“…lawful, legitimate and appropriate actions taken by parties under occupational health and safety laws and regulations.”

But there is more to consider.

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