On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA). Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.
According to Boland’s presentation (not available online),
Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018. Some were expected but others will cause concern, primarily, for business owners. Perhaps the major concern is that these commitments are to be rolled out nationally.
In 2004, the hottest occupational health and safety (OHS) topic was industrial manslaughter. In Melbourne, there were seminars on the topic that easily topped 200 participants. However it was also a year of confusion and fear, which may have accounted for the good seminar attendance figures.
At that time I was producing an online PDF Magazine and I devoted a whole edition to the topic. Now it is a time capsule of the issues and objections raised at the time which provide a useful context to the current debates. Here is my article on the issue from August 2004, slightly edited with links included, where possible.
Managerial representatives of Dreamworld appeared at the second week of the inquest into the deaths of four patrons at the Australian theme park in 2016. The week ended with Dreamworld’s parent company Ardent Leisure advising the Australian Securities Exchange of the departure of the current Chief Executive Officer, Craig Davidson. So what does this all mean?
Safety Management
Early last week, Dreamworld’s former safety manager, Mark
Victoria has passed legislation to licence the labour hire industry. Occupational health and safety (OHS) gets a mention, in some ways.
The objects of this Act seem fairly straightforward:
- ” to protect workers from being exploited by providers of labour hire services and hosts; and
- to improve the transparency”
The explanatory memorandum sounds promising. Clause 23 says:
“Subclause (1) states that if an application for a licence or renewal of a licence is made by an applicant who, at the time of making the application, is conducting a business that provides labour hire
services, the applicant must include with the application a declaration that, to the applicant’s knowledge, the applicant complies with the various laws that are set out so far as they relate to the business to which the licence relates. Examples of
such laws include workplace, taxation and occupational health and safety laws.”
The good news is that OHS is stated as an example of the type of information required in a licence application.
Safe Work Australia’s work-related psychological health and safety guidance focusses on the elimination risks and hazards, as required under Australia’s workplace health and safety laws. But a slight technical change in the legislation when it moved from occupational health and safety (OHS) to work health and safety (WHS) impedes its successful acceptance.
Australia’s Work Health and Safety laws dropped a reference in the Act’s Objects that would have provided considerable support to work-related mental health and this guidance.
The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health and safety (WHS) legislation however it can be argued that the Australian Government, through its supply chain, chain of responsibility and contract management, also has a duty of care to detainees under health and safety laws.
Several recent legal actions and workplace safety guidance indicates that clarification about the duty of care on physical and psychological risks to “others” is overdue.