Australia has held an annual “Go Home on Time Day” for many years, but the amount of unpaid work workers give to their employers and the time their families miss out on remains high. Looking at new data in light of the legislative need for Australian employers to identify and assess psychosocial hazards, there are noticeable changes that employers need to make to comply with their occupational health and safety (OHS) obligations.
To truly understand occupational health and safety (OHS) issues, it is necessary to examine OHS concerns beyond one’s own industry. Recently, this blog has reported on some parliamentary debates on OHS in the horse racing industry. The November edition of The Monthly includes an exposé of the OHS of Australia’s horse racing industry by freelance writer, Madison Griffiths, with lessons for all of us on morality, Godliness, accountability and leadership. The article is paywalled but well worth the purchase.
Maddocks law firm has just concluded the second part of their psychological health and safety seminars. Lawyers Catherine Dunlop and Dale McQualter have the advantage of following a seminar on the same topic held by Victoria’s occupational health and safety (OHS) regulator just the other day. The advantage with this seminar is that the lawyers feel comfortable in giving their opinions and advice in contrast to the careful words of the WorkSafe people.
In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational health and safety (OHS) legislation has had its positive duty to prevent work-related harm since 1985. So why this current push for positive duties?
The most significant challenges for employers in Victoria’s new OHS (Psychological Health) Regulations, supported by a new Compliance Code, are likely to be fostering a strong workplace safety culture. Occupational health and safety (OHS) advocates have been emphasising the importance of culture for several decades now (Sociologists examined it decades before). It appears that we will be hearing a great deal more about culture for some time to come, but what is expected of employers?
Next year marks the 20th anniversary of the death of Brodie Panlock. I have been thinking of her a lot over the last few months as Victorian employers (finally) start to seriously consider their legislative obligations to provide a mentally safe and healthy work environment. I wonder whether the new psychosocial safety regulations had been in place in 2005-06, Brodie Panlock would have lived.
[Note: This article discusses issues related to suicide.]
Australia’s efforts to enhance the health and safety of its workers are hindered by the constitutional framework, which assigns responsibility for occupational health and safety (OHS) to local jurisdictions.
Recent comments by a Federal Minister on sexual harassment illustrate this dilemma, which is not restricted to OHS.
