Category: Duty of Care

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.

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Progress back to the old normal

The discussion about recovery from the COVID19 pandemic is starting, particularly in Australian and New Zealand where the infection and death rates seem to be declining quicker than in other countries. The Business Council of Australia (BCA) released its recovery plan on 20 April 2020. The media release is entitled “Business crucial to a safe return to normal“. The word “normal” is more loaded at the moment than normal 🙂 because it belies an assumption that what existed before the outbreak of COVID19 is how the world should be, even though the pandemic has illustrated weaknesses in what used to be the “normal”.

SafetyAtWorkBlog will focus on those elements of the BCA plan that directly or indirectly affect the physical and psychological health of workers but there is also some text, and subtext, that illustrates the ideological position of the BCA.

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Possible replacements for Safe Work Method Statements

Could improving the situational awareness of workers replace Safe Work Method Statements?

Many Australian occupational health and safety (OHS) professionals rally against the dominance of Safe Work Method Statements (SWMS). The application of SWMS beyond the legislated high-risk construction work parameters increases the amount of safety clutter and misrepresents OHS as being able to be satisfied by a, predominantly, tick-and-flick exercise. But critics of SWMS are rarely pushed on what, if anything, should replace SWMS? SafetyAtWorkBlog asked some experts and looked closer at the issue.

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Inspection data offers COVID19 risk priorities

The coronavirus pandemic is an unexpected challenge for many employers and for workers. As this article from the Australian Broadcasting Corporation shows, there is confusion about the rights and duties of both parties at work.

Larry acted under his duty to not put himself at harm by raising his concern to his employer. The employer should have already determined that the workplace is safe and without risks to health and implemented control measures to reduce the risk of cross-infection. Guidance on how to do this has existed for several weeks.

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“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament:

“The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where it is not reasonable to eliminate a risk, employers will be required to reduce the risks to the lowest level reasonably practicable. Practical risk management does not require employers to go to extraordinary, unrealistic lengths, and never has. Rather, it requires the management of risks that are likely to affect health and safety over which the duty holder has a level of control. This is what the Government has always said, and it has always been Government policy. This is what it intends to enshrine in legislation to give greater certainty to both employers and employees.”

Della Bosca paints “so far as is reasonably practicable” (ASFAIRP) as an integral part of eliminating risks to health and Safety, and it is an integral part of OHS laws, but it is also a limitation, a condition and a concession in achieving safe and healthy workplaces and one that is drastically in need of a thorough independent review.

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