Duty of Care – Page 4 – SafetyAtWorkBlog

Let’s talk about work-related suicide

Occupational health and safety (OHS) has been fairly successful in reducing the frequency and numbers of traumatic workplace injuries largely because such injuries cannot be hidden or may occur in front of others and increasingly on video. It is a sad reality that work-related deaths generate change and progress. Sometimes the more deaths, the more significant that change or, the quicker that change occurs. However, it is even sadder that change often requires a death.

Note: this article discusses suicide.

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The “Right to Disconnect” should have been “Obligation-To-Leave-Workers-Alone”

The Australian Greens announced on February 7, 2024, that the Right-To-Disconnect (RTD) bill would pass Parliament as part of workplace relations reforms. On February 8, 2024, the mainstream media wrote as if the laws had already been passed. However, several issues with these laws indicate they are unlikely to be applied in practice as widely as advocates claim and in the way anticipated.

The closer the RTD laws come to reality, the more useless they appear.

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Call for Industrial Manslaughter laws after more unnecessary deaths

It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.

The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of

“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”
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A call to arms on OHS

In early January 2024, the British Medical Journal (BMJ) published a commentary by Professor Alex Collie that illustrates the need to broaden our consideration of “traditional” and psychosocial hazards and well-being at work. The article is paywalled but worth obtaining a copy.

Collie‘s research is always interesting, and being published in the BMJ adds some clout to this call for activism.

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Should photos of unsafe activities be published unedited?

In early December 2023, the Australian Financial Review (AFR) published this (unblurred) photo of a woman, a man, and a child riding a single motorbike in the Australian countryside. Riding in such a way is unsafe, some may say reckless, and contrary to the operational guidelines of motorcycle manufacturers. Should the AFR have used this photo? Should there be a ban on such photos?

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Psychosocial laws may encourage political risks

In December, Australian law firm Maddocks launched its 2023 Year in Review. Two items were directly relevant to occupational health and safety (OHS) – Sexual Harassment and Psychosocial Safety – both addressed by Catherine Dunlop. The size of the challenge ahead on both these topics was shown by the Australian Financial Review on December 7, 2023:

“Fewer than half of directors are confident their companies will be able to adhere to new workplace sexual harassment standards when they come into force next week, with just one in five female directors saying their boards understand the requirements of the new regime.”

Outside of the Maddocks launch, there is also some speculation that Victoria’s proposed psychosocial regulations may never happen.

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A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Category: Duty of Care

Let’s talk about work-related suicide

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The “Right to Disconnect” should have been “Obligation-To-Leave-Workers-Alone”

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Call for Industrial Manslaughter laws after more unnecessary deaths

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A call to arms on OHS

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Should photos of unsafe activities be published unedited?

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Psychosocial laws may encourage political risks

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A transport court case relevant to all managers and employers

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