Duty of Care – SafetyAtWorkBlog

OHS questions remain after Jumping Castle owner freed

A Magistrate has said there is insufficient evidence to find Rosemary Gamble guilty of a criminal offence over an incident involving an inflatable jumping castle that resulted in the deaths of six children at Hillcrest in Tasmania. The prosecution may have ended, but a Coronial inquiry remains scheduled, and a civil class action against the state of Tasmania and Ms Gamble was launched in 2024. This article looks at the occupational health and safety aspects of the incident.

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Self-Reported Stress or Diagnosed Distress? New Mental Health White Paper Sparks Debate

On June 3 2025, workers’ compensation insurer EML released its white paper on mental health in Australian workplaces. The paper is full of recent data on worker perceptions of psychological health; however, its significance is limited by relying on self-reported survey data. More interesting information came from the Question and Answer panel session at the report’s Melbourne launch.

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Piss or get off the pot, but take care

I am a big fan of diagnosis as a tool for obtaining evidence from which decisions about occupational health and safety (OHS) can be made. However, increased attention on the inclusion of mental health management in OHS exposes us to the same minefield that is currently surrounding the (over?) diagnosis of autism, Attention Deficit Hyperactivity Disorder (ADHD) and neurodivergence. Recently, the New Statesmen provided a useful analysis of the issue in a review of several new books.

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Why workplace Psychosocial Regulations will fail

Australia has learned much from its consideration of psychosocial factors that can generate psychological harm in workers over the last decade. By the end of 2025, all Australian jurisdictions will likely have re-emphasised the psychological elements of employers’ and workers’ occupational health and safety (OHS) duties. However, the legislative changes are likely to fail to improve workers’ mental health because at least one of those psychosocial factors is too confronting and uncomfortable to employers.

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Lessons on management of heat from the Australian Tennis Open

One of the best articles about managing heat exposure at work is by Madi Chwasta of the Australian Broadcasting Corporation, who wrote about the Australian Open tennis tournament.

Tennis is usually played outdoors in summer, at least in Australia. The Australian Tennis Open, held in Melbourne, was heavily promoted and had a high public attendance rate. Some tennis matches are conducted in facilities with retractable roofs, but many others are held on outdoor courts with limited shade and no air conditioning.

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Why buy a dog and bark yourself?

Effectiveness is critical in assessing one’s occupational health and safety (OHS) management system. One must be sure that the system works and to repair or improve that system when a deficiency is identified. We must create and maintain a safe system of work, and we must trust it and respect it.

So why do we feel the need to remind our colleagues of their OHS obligations, which the system has already educated them about? Indeed, they are grown-ups who know what they need to do and appreciate the importance of their own safety and the safety of their teams. Part of growing up is learning from one’s mistakes by experiencing the consequences of one’s decisions and actions. A large part of OHS management is keeping people from harm and recognising and accepting that people are integral to the management system.

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Two new books that challenge our OHS beliefs

I know the basics of occupational health and safety (OHS), but I struggle to integrate those basics into the changing world of work. As such, I have been reading about work’s socioeconomic, political, and philosophical context and how I can adapt OHS to workers’ needs and employers’ desires. Two books I purchased last week are challenging my understanding of work and OHS. Unsurprisingly, neither of them is about OHS. We often learn more about our own OHS discipline from how others see it.

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