Category: Duty of Care

Workplace safety in correctional facilities

In support of the recent SafetyAtWorkBlog article “Detention Royal Commission touches on workplace safety”, WorkSafe NT was contacted with a series of questions about the role of the Northern Territory’s occupational health and safety (OHS) regulator in detention centres.  Those questions comprised:

• Has WorkSafe ever undertaken any inspection activities at detention centres in the Northern Territory?  If so, what was there a specific request, incident or other catalyst for this?
• Is there a specific group/team of inspectors under whom responsibility for inspecting detention centres would sit?
• Does NTWorkSafe coordinate any WHS inspection activities with other government agencies and authorities?
• Has the Northern Territory Correctional Services ever requested NTWorkSafe’s assistance in safety reviews of their facilities?

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Detention Royal Commission touches on workplace safety

In June 2016, the Australian Broadcasting Corporation showed an investigation report into the detention of children who had broken the law in the Northern Territory.  The revelations of maltreatment were so confronting that a Royal Commission was announced by the Australian Government very shortly after.  The Commission’s final report was tabled in Parliament on November 17 2017.

All Australian workplaces are subject to clear occupational health and safety duties and obligations that relate to workers and to those who may be affected by the workplace and activities.  (The SafetyAtWorkBlog article “Royal Commission into juvenile detention should include OHS” discusses this at length.)

A brief search of the Final Report of the Royal Commission into the Protection and Detention of Children in the Northern Territory shows an acknowledgement of the OHS perspective but with little discussion of it. Continue reading “Detention Royal Commission touches on workplace safety”

The evidence on occupational lung diseases remains inadequate

Workplace injury statistics are always less than reality as they are based on the number of workers’ compensation claims lodged with occupational health and safety (OHS) regulators or insurance agents.  The nature of occupational illnesses is that there may be many years before their presence is physically identified making them more contestable by insurers and less likely to appear in compensation data.  The frustration with this lack of data was voiced on November 13 2017 in an article in the Medical Journal of Australia (not publicly available).

A summary of the research article includes this alarming statistic:

“Occupational exposures are an important determinant of respiratory health. International estimates note that about 15% of adult-onset asthma, 15% of chronic obstructive pulmonary disease and 10–30% of lung cancer may be attributable to hazardous occupational exposures.”

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New laws help in the prevention of occupational asthma

Recently a public relations firm has been promoting a statement about workers’ compensation and occupational asthma in support of the Australasian Asthma Conference.  The statement was a timely reminder of the 2015 report – The Hidden Costs of Asthma.  These documents are aimed at the management of asthma rather than the prevention but, coincidentally, the Australian Government entered some legislative amendments in Parliament that will help with the prevention of this important condition.

The 

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The future of OHS under the Australian Labor Party

At Australia’s National Press Club on October 18 2017, the Australian Labor Party’s Shadow Minister for Employment and Workplace Relations Brendan O’Connor spoke, ostensibly on industrial relations but occupational health and safety (OHS) was mentioned.  O’Connor provided several examples of worker exploitation and casual work and then stated

“There is something really wrong when those big, household-name companies apparently feel absolutely no responsibility, or consider themselves immune from reputational risk, for exploitation of the workers on whose labour they make a vast profit. This is why at the last election, Labor promised a National Labour Hire licencing scheme. We said we would issue a licence to only those who have a clean record of complying with employment, tax and OH&S laws, and that licences would be revoked for serious misconduct.”

In the discussions about the regulation of the labour hire industry OHS has been given, comparatively, little attention so it is useful to note even the small amount of prominence granted it by O’Connor.

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Industrial manslaughter debate reveals commitment and misunderstandings

Industrial manslaughter laws passed through the Queensland Parliament on October 12 2017.  The debate about the laws on that day is an interesting read as it illustrates some of the thoughts about workplace safety in the minds of policy decision makers, business owners, industry associations, trade unions and safety advocates.

Lawyer for Herbert Smith Freehills, Steve Bell, has said in a LinkedIn post that:

“Will [industrial manslaughter laws] make workplaces safer? In my view probably not, but it will certainly affect the manner in which businesses respond to workplace incidents and external investigations.”

This perspective is understandable and valid when one considers the laws to be a part of the post-incident investigation and prosecution.  A similar view was expressed in Queensland’s Parliament by the  Liberal National Party’s David Janetzki, based on the submission by the Chamber of Commerce and Industry Queensland: Continue reading “Industrial manslaughter debate reveals commitment and misunderstandings”

Industrial Manslaughter arguments cover old ground

The Queensland Government is in the middle of a debate in Parliament and the media about the introduction of industrial manslaughter as an offence related to serious occupational health and safety (OHS) breaches.  It is both a good and a bad time for this debate. The laws are likely to pass but the debate is showing old arguments, weak arguments, political expediency and union-bashing but not a lot about improvement in workplace safety.

Timeline

Following two major fatal workplace incidents, in April 2017 the Government established an

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