Category: Duty of Care

Is workplace health and safety still relevant?

A quiet revolution is happening in workplace health and safety in Australia.  I don’t mean the laws – that boat sailed with the failure of the attempt to harmonise laws and tweak them for the new Century.  The change is coming from a realisation that what is still mostly called Occupational Health and Safety (OHS) has been misunderstood and misapplied, especially in the context of work-related psychological hazards.

OHS emerged in its most contemporary form in the 1970s in the UK and manifested in new laws in Australian States in the 1980s.  These laws stipulated that the primary duty of care for the health and safety of workers AND those affected by the work processes suits with the employers (ignore the absurd modern variation of employer in the Work Health and Safety laws – the PCBU – Persons Conducting Business or Undertaking as only lawyers really use the term.  Some prominent lawyers pronounced the acronym as “Peek-A-Boo” (you know who you are) as if OHS was a barely-held-together nightie! It was juvenile and didn’t help).  Workers have a duty to not harm themselves or others and to support the employer’s OHS processes.

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If all you have is a hammer, everything looks like a nail

The trade union movement has often been instrumental in affecting and sometimes creating government policy on occupational health and safety (OHS).  The latest generation of hazards – psychosocial – can be traced back to a survey late last century of workplace stress conducted by the Australian Council of Trade Unions (ACTU).  This week the ACTU released its survey into sexual harassment at work.

The current survey should not be seen as representative of any social group other than trade union members even though the survey was completed by 10,000 of them.  Also, this survey is far less likely to be as newsworthy as last century’s surveys as the agenda on workplace sexual harassment has already been established by reports from groups like Universities Australia and, especially, the current work by the Sexual Discrimination Commissioner and the Australian Human Rights Commission.  It is also likely to be covered, probably as a secondary issue, in the various mental health inquiries scheduled for 2019.

The ACTU survey provides additional information to our understanding of sexual harassment at work but certainly not the whole picture.

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The Challenges of Future Workplaces – Part 1

This article is part one of an edited version of a keynote presentation I made at the a special WHS Inspectors Forum organised by WorkSafe Tasmania.  The audience comprised inspectors from around Australia and New Zealand.  I was asked to be provocative and challenging so posed some questions to the audience about how occupational health and safety (OHS) is managed, regulated and inspected.

The audio of the presentation is available at SoundCloud and Podbean and below.

 “The purpose of this session is to provide insight into the future challenges for work health and safety regulators due to changes in the nature of work, the workforce, supply chains, and the social and political environments, and encourage inspectors to consider how the way they do their work may need to change to meet these challenges.”

Be Critical

I encourage you all to analyse what you say, what you are told, what you do and how you do it.  Too often we accept information and our situations uncritically and I want you to question everything, including what you read in this article.

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Bunnings knows their onions

“The Aussie sausage sizzle safety scandal suggests safety is simply something that some citizens are certain starts slips in store and on cement. A safety source says that some stores are succumbing to scurrilous suggestions that makes safety sound silly.” (Copyright: Kevin Jones)

Some Australia occupational health and safety (OHS) professionals have been frothing up about the controversy (?) over the decision of Bunnings Warehouse to encourage the charities who run the sausage sizzles to place the cooked onions between the sausage and the slice of bread to reduce the risk of slips from  onions falling off the top of the sausage in bread (a form of snack that some Australians call a “dog in a blanket”).

The issue that gained

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Scissor Lift death findings clarify the context of OHS

If all you knew about occupational health and safety (OHS) was what you read in the physical or online newspapers , you would not know anything about safety management – or maybe anything positive.  It takes being involved with managing safety in the real world to understand how OHS operates in the real world.  But even then we only learn from our own experiences.

The 92-page coronial finding into the death of Jorge Castello-Riffo, released last week, is a tragic and detailed case study of OHS in the real world and should be obligatory reading for OHS professionals and those trying to understand the push for increased OHS, penalties and  corporate accountability.  Below I look at just one section of the Coronial Findings in this article – the Coroner’s responses to a set of proposed recommendations.

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