Category: Duty of Care

Should a company that killed two workers receive a $2 million government contract?

In November last year, Pipecon was found guilty of breaching its occupational health and safety (OHS) duties concerning the deaths of two of the company’s workers in and from a trench collapse. An offence to which the company pleaded guilty. (Details of the incident and prosecution can be found HERE – search for Pipecon). The Ballarat Council has awarded the company a road construction project valued at over $2 million. Should the Council have done so? How does this decision affect the deterrence message that OHS prosecutions are supposed to generate? What does this say about the criteria used in procuring services?

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Traditional suicide prevention strategies struggle for relevance

September 10 is World Suicide Prevention Day. Many organisations are and will be, releasing information about suicides but not really the prevention of suicides, more the management of potential suicides. It is a curious international day as it is almost a warm-up to Mental Health Day (and, in some places, Month).

This week Suicide Prevention Australia (SPA) released a report based on a survey of 283 responses, the majority from members of SPA. It’s not a representative survey, but it gained a fair bit of media attention. It also raises consideration of the meaning of a “whole-of-government” approach and the role of Regulations in preventing suicides.

Regardless of the peculiar survey sample, the media release accompanying offered a statement that should have all mental health and suicide prevention professionals reassessing their strategies.

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Webinar of insight and update

Recently 700 people registered for a webinar conducted by Herbert Smith Freehills on work health and safety reforms, primarily on psychosocial risks at work. These risks were presented in various inquiries into sexual harassment, fly-in fly-out work practices but also generated new regulations, guidances and codes.

Steve Bell spoke about the responses from occupational health and safety (OHS) regulators to these issues and said:

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Major omissions from business perspective before the Jobs and Skills Summit

Next month the Australian government is conducting a “Jobs and Skills Summit“. Such consultative events have been held every so often for decades but usually after a new government is sworn in and after the previous one was in power for too long or lost its way. Such summits are seen as ways of reconnecting with disaffected and disempowered industry associations, trade unions and other organisations with the ear of the incoming government.

One of the most vocal industry associations is the Business Council of Australia. The BCA has existed since 1983. Its Wikipedia entry lists its large corporate membership, providing context to its policies and positions. On August 15 2022, its CEO Jennifer Westacott had an opinion piece, “What a Jobs Summit ‘win’ would look like“, published in the Australian Financial Review, but with a different headline. Workplace safety was mentioned in passing but is hiding in the subtext elsewhere.

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New book aims to spur the US to action on workplace mental health

A new book on workplace psychological hazards and laws has been published. The book “Managing Psychosocial Hazards and Work-Related Stress in Today’s Work Environment – International Insights for US Organizations” written by Ellen Pinkos Cobb, has a similar format to her coverage of international sexual harassment laws in a previous publication. Many occupational health and safety-related books written in the United States suffer from American parochialism. Cobb’s book is written for US organisations to show what workplace health and safety achievements are possible. The book is a very good summary of international changes in workplace psychosocial hazards.

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Worksafe Victoria’s new gendered violence campaign

WorkSafe Victoria has actively campaigned against occupational violence for the last few years. The pandemic, understandably, brought the focus onto violence against emergency services workers and healthcare staff. Recently the campaign has focussed on gendered violence at work. The intention is to be inclusive, to address the variety of violent acts and the variety of people gendered violence affects, but it is not as inclusive as it could be.

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New mental health code and regulations

Last week Safe Work Australia released its “Managing psychosocial hazards at work – Code of Practice“. It offers solid guidance on psychosocial hazards reflective of the work already conducted by Victoria, New South Wales and other jurisdictions and in support of the new regulations in the Model Work Health and Safety laws. In connection with a blog article earlier today, the Code provides some insight into cognitive demands.

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