Category: Duty of Care

Shop safety protocols do not go far enough

A group of retail associations in Australia has released a very curious COVID-19 Retail Recovery Protocol.

All shops and malls are workplaces and must comply with occupational health and safety (OHS) laws. A small embarrassment in these protocols is that although it acknowledges that further guidance may be available from workplace health and safety authorities, it provides no links to that COVID19 guidance and gets Safe Work Australia’s (SWA) name wrong! It does not inspire confidence and all that was needed was a single hyperlink to the SWA guidance developed specifically for the Retail Industry.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Sizzle but no steak

The COVID19, business disruption surveys keep coming. This time from the Australian Chamber of Commerce and Industry (ACCI). On 25 April 2020 released its Business Conditions Survey Report 2020. which was

“… undertaken between 30 March and 17 April, and involved 1,497 businesses across all states and territories.

This overlaps the April 9 survey by the Australian Council of Trade Unions which had a similar sample size and data limitations.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Gender, OHS and Checklists

The topicality and importance of many issues highlighted in early 2020 have disappeared. One of them was the issue of sexual harassment in the workplace and Libby Lyons, Director of the Workplace Gender Equality Agency, has released the speech she intended to give at the, now cancelled, Commission on the Status of Women meeting at the United Nations. Lyons said this about sexual harassment and employers:

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Deaths of Health Care workers from COVID19

A doctor in a protective suit taking a nasal swab from a person to test for possible coronavirus infection

The theme for most commemorations on April 28 is the COVID19 pandemic. This is understandable as the pandemic has disrupted lives and economies globally and many people have died. Perhaps the most tragic of these deaths are those of medical and healthcare staff who have contracted the infection through their work. The largest public outrage over this situation has been in the United Kingdom, but a similar situation could easily have occurred in Australia, New Zealand and elsewhere if those governments had not acted as quickly as they did or were less better prepared.

Some research has already commenced on healthcare worker infection deaths showing important initial clues on how governments, hospitals and medical employers can do better.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:

“How WorkSafe applies the law in relation to Reasonably Practicable”

What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Lessons from the US

The current COVID19 pandemic has presented businesses with a confusing risk challenge. Is the risk of infection a public health issue or an occupational health and safety (OHS) issue? The easy answer only adds to the confusion – it is neither and both.

In relation to epidemics and pandemics these are public health risks within which the OHS risks must be managed. In Australia, many of the OHS regulations and agencies were slow to provide the level of detailed guidance that employers were requesting and this was partly due to the regulators and agencies having to scramble together working groups and experts to rapidly produce such guidance. The situation in the United States offers a useful and reassuring comparison to how the Australian governments have responded but also offers OHS lessons for Australian employers.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here
© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2024. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd