A recent court case over workers’ compensation gained a great deal of media attention in Australia because the case related to the employment status of a contestant on a reality television show. (Outside of workplace deaths the last media occupational health and safety (OHS) frenzy concerns a public servant being injured during sex.) Commentators left and right were both chuckling at the latest court decision and being alarmist about it setting a precedent. Finally a newspaper and online article has spoken of the case sensibly.
Nicole Prince, an OHS professional, competed in a reality program about house renovations. She and her partner were portrayed on the show as the nasty couple, a role that most reality TV shows look for and/or create. After leaving the show, Prince argued that she could be considered an employee of the broadcaster, Channel 7, and so was entitled to workers compensation for the psychological distress that resulted from her treatment by Channel 7, and especially on social media.
“Don’t be a fish; be a frog. Swim in the water and jump when you hit ground.” Kim Young-ha
This aphorism seems apt for the safety culture journey that is occurring at Melbourne Water under the tutelage of Professor Patrick Hudson (pictured right). Melbourne Water is attempting to become a “generative organisation” in line with Hudson’s Safety Culture Maturity model and hosted a public event with Hudson in early November 2019. This provided an opportunity to hear how the model has evolved, particularly in its applications.
The Australian Council of Superannuation Investors (ACSI) has released a research paper that discusses the reporting of workplace fatalities by major companies in their Environmental, Social and Governance (ESG) reports. There are many informational benefits in this report but perhaps the most important is that the report reinforces occupational health and safety (OHS) in ESG reports. The risk is that OHS is seen only in relation to the ESG criteria in Annual Reports.
Australia has experienced a gentle push for inclusion of OHS performance measurements in company and government department Annual Reports. SafetyAtWorkBlog has reported on this and some peer-reviewed research and recommendations over many years. The ACSI report progresses this but also illustrates the sluggish rate of change.
In June 2018, Rick Sarre, now the Dean of Law at the University of South Australia’s School of Law, wrote an article in The Conversation titled
“Why industrial manslaughter laws are unlikely to save lives in the workplace“. On the eve of the #safetyscape conference and an upcoming conference on enforcement in which presentations on Industrial Manslaughter laws will feature, SafetyAtWorkBlog asked the very busy Professor for an update on some of the themes and thoughts in his article. Below are his responses.
Some trade union and occupational health and safety (OHS) newsletters are stating that the New South Wales Labor Party has pledged to introduce Industrial Manslaughter laws should it win this weekend’s State Election. Looking at the actual pledges shows the commitment may not be as solid as some expect and others hope.
The NSWLabor website related to workplace safety matters seems to make no commitment for the introduction of Industrial Manslaughter laws, only to discuss laws and penalties in comparison to the penalty for manslaughter under other laws: