Category: Duty of Care

Industrial Manslaughter and the Big Picture (2004)

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.

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Dreamworld – this week and beyond

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

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Labour Hire safety challenges

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. 

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Old school OHS – eliminating workplace risks at the source

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. 

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Duty of Care to the safety and health of “others”.

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.

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ACCC slaps down the FCAI on quad bike safety

On June 5 2018, Sharon O’Keeffe of the North Queensland Register newspaper aired the response of the Deputy Commissioner of the Australian Competition and Consumer Commission (ACCC) Mick Keogh to claims from the Federated Chamber of Automotive Industries (FCAI) on the safety of quad bikes and crush protection devices (CPDs). O’Keeffe says “the gloves are off”.

In March 2018, the ACCC announced its intention for a mandatory safety standard for quad bikes, or All Terrain Vehicles (ATV,) that included CPDs. 

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The OHS context of the Robert Doyle case

Source: Lucas Dawson Photography

The number of prominent men who have come a cropper as a result of their sexual harassment includes the Lord Mayor of Melbourne, Robert Doyle.  A workplace safety trade show in Melbourne recently conducted a public panel seminar on the issue of sexual harassment with particular emphasis on the Doyle case.  One of the Melbourne councillors at the time, Stephen Mayne, spoke via video.  The panel also included a representative of local government, a safety advocate and a lawyer.

One of the most curious elements of this event was that it was conducted in a trade show

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