Duty of Care – Page 50 – SafetyAtWorkBlog

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works. I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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“Just Culture – The Movie” – important case study

I was born outside Liverpool England well over 50 years ago and have lived on the other side of the world ever since. I love hearing accents from Northern England as it reminds me of my relatives, my roots and, most of all, my Mother. This meant that I had to watch Sidney Dekker‘s latest 30 minute documentary at least twice so that I paid attention to what was said rather than how.

“Just Culture – The Movie” (accessible through the YouTube share below) tells the story of the transformation from a divisive and unproductive blame culture to a just culture. It is an important story because it is theory, concept and idea made real, and made real in an industry sector that has a complex organisational culture only partly explained by its funding model.

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USA response on sexual harassment is interesting but can be better

Australia continues to develop various Codes and Guidances for the prevention and management of sexual harassment, particularly in the creative industries. America’s Screen Actor’s Guild (SAG) released some guidance about its Code of Conduct on April 12 2018. It is educative but Australia can do better.

A positive in SAG’s announcement is that it clearly places sexual harassment under the category of workplace safety which allows for a broad approach to the hazard and one that is supported by legislation and an employer’s duty of care.

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First WHS Review submission released is hard work but useful

The Minerals Council of Australia (MCA) has released its submission to the Independent Review of Work Health and Safety Laws. It is a good example of the business-speak that can erode the effectiveness of clear communication, but the submission is still revealing. Here is an example from its Executive Summary:

“A nationally-consistent, risk-based preventative Work Health and Safety (WHS) regulatory system, supported by industry-specific regulation, would deliver benefits based on greater certainty, consistency and efficiency. It would also help to ensure that compliance challenges do not detract from the practical tasks of identifying, managing and minimising risk and the continuous improvement of safety and health outcomes by companies.” (Page 3)

So, the MCA wants national occupational health and safety (OHS) laws?

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FIFO, Fairness and the Future

Trucks in Super Pit gold mine, Kalgoorlie, Western Australia

SafetyAtWorkBlog’s article about the safety of Fly-In, Fly-Out workers has generated some discussion through its mention on LinkedIn which has raised some interesting points.

A common thread seems to be that it is impractical to build townships and facilities to support remote mine workers and which also provide services to workers’ families. One commenter posed these questions:

“Are we going to drag the FIFO families out to these areas, build houses for them, along with all the associated infrastructure to support them, for what may be only a 3-5 year construction program? Is it fair to drag the partners and families of FIFO workers away from their family supports (parents/friends, etc)? Away from decent medical care? Away from schools/universities?”

This may have been intended as rhetorical but prompts a question that I frequently ask when I consult with clients – “why not?”

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We need to ask tougher questions about FIFO

On the recommendation of one of my subscribers I am currently listening to a podcast called Food For Thought which includes a discussion on the mental health issues associated with the Fly-In -Fly-Out (FIFO) work structure. This article is being written as I listen to the podcast so follows the threads as spoken.

Various major Australian inquiries have been held into the occupational health and safety of FIFO workers for the mining sector. The potential psychological harm of FIFO is indisputable so why aren’t we asking the tough questions and thinking about the harm that we are allowing to occur?

Continue reading “We need to ask tougher questions about FIFO”

Humour, bystanders and safety

Effective consultation is a core element of building a functional safety management system in any workplace. This involves talking and listening. Various occupational health and safety (OHS) regulators have pushed this point in the past usually with static images of mouths and ears but WorkSafe New Zealand has released a series of videos in support of its existing”How you can use your mouth” campaign. Thankfully WorkSafeNZ has taken a leaf from the Air New Zealand book and used humour.

Of particular interest is the brief but importance emphasis on the role of the ethical bystander.

https://youtu.be/98bBsAwTR8c

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Category: Duty of Care

Duty of care needs a moral analysis

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“Just Culture – The Movie” – important case study

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USA response on sexual harassment is interesting but can be better

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First WHS Review submission released is hard work but useful

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FIFO, Fairness and the Future

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Humour, bystanders and safety

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