Category: Duty of Care

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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Industrial Manslaughter laws likely for Victoria

With little surprise, at the Australian Labor Party (ALP) Conference in Victoria on 26 May 2018, Premier Daniel Andrews has included the introduction of Industrial Manslaughter laws as a formal part of the campaign for re-election in November 2018.

According to his media release, if re-elected,

“.., employers will face fines of almost $16 million and individuals responsible for negligently causing death will be held to account and face up to 20 years in jail.

A re-elected Andrews Labor Government will make sure all Victorians are safe in our workplaces, with the offence to also apply when an employer’s negligent conduct causes the death of an innocent member of the public..”

There are a lot of steps between an incident and Industrial Manslaughter charges. 

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Still treating the symptoms of mental health

Suicide prevention continues to be a growth area in rainsingfund-raising and awareness raising.  On 17 May 2018, Prime Minister Malcolm Turnbull released a video supporting a treadmill challenge in support of suicide prevention.  It seems an odd campaign when there have been various walks and other events in the past that have more of a public statement that being on a treadmill in a gym.  But this is not the only odd suicide awareness event.  Last week, Winslow Constructions had a program launch that was also a little odd and a campaign that is worthwhile, as far as it goes.

In May 2018, Winslow Constructions held a media event on one of its residential construction projects to the north of Melbourne. 

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Grenfell’s “race to the bottom” equally applicable to workplace health & safety

Occupational health and safety (OHS), building safety and public safety often overlap but never more so than in the instance of the Grenfell fire of June 2017.  The UK Government has just released the final report into the incident and there are many interesting lessons for workplace health and safety and its social role.

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OHS, IR and PPE

In 2015, the Australian Building and Construction Commission (ABCC) took legal action against the Construction Forestry Mining and Energy Union (CFMEU) and one of that union’s organisers, Pomare Auimatagi, over the organiser’s actions seemed to breach one of  John Holland’s personal protective equipment (PPE) policies. The CFMEU and Auimatagi were found guilty of breaching the Fair Work Act and fined over A$58,000 by the Federal Circuit Court on 9 March 2018.  The case raises a couple of occupational health and safety management issues.

According to

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Toughen up, Princess

Today the Medical Journal of Australia released a media statement entitled:

“FIFO workers’ psychological distress “alarming””

What is more alarming is that the levels of psychological distress have remained high even though there have been inquiries into the mental health of Fly-In Fly-Out workers in Western Australia and Queensland since 2014!!

Western Australian research undertaken by

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Rebooting the Duty of Care

The primary occupational health and safety (OHS) duty rests with employers or, as they are known in most Australian jurisdictions, Persons Conducting a Business or Undertaking (PCBU).  Laws are based on an assumption that employers are aware of this duty and that this duty, to provide a safe and healthy work environment without risks to health, reflects the employer’s social position and social responsibility or the company’s “social licence“.  But there have always been employers who do not care and who see employees only as units of labour and who believe that “if you don’t like working here, there’s the door”.  It is time for a reboot.

Many Western countries are beginning to review their OHS laws in light of the changing nature of work but these reviews continue to be based on the assumption that employers care even though the emergence of the gig economy and the new

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