Category: Duty of Care

“so we know we’ve had laws, but why haven’t we had change?”

Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry.  In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers  Australia and provided strong advice on how businesses can control sexual harassment.

Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.

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Victoria is ripe for Industrial Manslaughter laws

The Victorian trade union movement is preparing for the November 2018 State Election with one element of that campaign being the advocacy of Industrial Manslaughter laws.

At the end of January 2018, the unions “kicked off” their campaign with a meeting which reviewed the challenges and wins for injured workers in 2017 and outlined their intentions for 2018. The Industrial Manslaughter Action Kit included a petition which says: Continue reading “Victoria is ripe for Industrial Manslaughter laws”

Who reads the Robens Report and who will write the next one?

“Every year something like 1,000 people are killed at their work in this country. Every year about half a million suffer injuries in varying degrees of severity. 23 million working days are lost annually on account of industrial injury and disease.”

The existence of this statement is of no surprise to occupational health and safety (OHS) professionals. Similar statements are made all the time.  The sad surprise of this quote is that it appeared in 1972 on page 1 of the Safety and Health at Work – Report of the Committee 1970-72, otherwise know as the Robens Report.

Perhaps it is time to begin contemplating what OHS fundamentals we should apply in the next generation of workplace safety health and wellbeing laws ?

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Out of Range – Work Risks of Wildlife Protection Officers

by Melody Kemp

 “It was nine at night and the shooters had the advantage of superior fire power and night vision goggles …. We stood no chance. Two friends were killed…”

Source: Project Anoulak

David Paklett, a Wildlife Ranger working in Tanzania pulled up his trouser leg and showed me an ugly red scar that looked a bit like an alien pasted to his skin. It was 2013. We were in Spain’s ancient university town of Salamanca, at WILD 10, a sporadic gathering of wilderness and conservation specialists.  He told me how the year before, he and his colleagues had been in a John Woo style shoot out with Vietnamese poachers. The Vietnamese were overhead in a helicopter, firing at them with automatic rifles. ‘It was nine at night and the shooters had the advantage of superior fire power and night vision goggles.’

His words have stayed with me.

‘We stood no chance. Two friends were killed, and I got this.’ When I looked up, his eyes had the look of someone who was looking back with horror. ‘Did you ever talk about that night with anyone?’ I asked sipping a Rioja red. ‘Who is there to tell?’ David grimaced. ‘It’s part of the job. The game has changed. The Chinese are arming these guys and making sure they get away with the kill. The forces behind them are so powerful and we have no resources.’

Lao Rangers in the Annamite mountain range report the same fear according to Bill Robichaud. ‘Camera traps showed these guys (poachers) to have the latest technology, to be well dressed and armed, with modern communication and GPS gear.’ Continue reading “Out of Range – Work Risks of Wildlife Protection Officers”

McLachlan accusations place more focus on the OHS of sexual harassment

Prominent Australian actor, Craig McLachlan, has been accused of indecent assault by cast members of the Rocky Horror Show, according to the Australian Broadcasting Corporation (ABC) and Fairfax media (paywalled).  One actress, Erika Heynatz, has identified this behaviour as a workplace safety issue:

“Heynatz went immediately to the head mechanic, whose job it was to ensure safety. She recalled that he was laughing “uncomfortably”. But she told him that McLachlan had to be spoken to, that this was a safety issue.”

Articles in both media outlets relate the anguish that actors felt after the alleged events and how this affected their work performance. Continue reading “McLachlan accusations place more focus on the OHS of sexual harassment”

Victoria joins the push for licencing labour hire

Victoria is the latest Australian State to introduce laws into Parliament that establish a licencing scheme for labour hire operators. The Labour Hire Licensing Bill 2017 was read into Parliament on 14 December 2017 (Hansard, pages 55-61)

The Bill is compatible with the laws passed recently in Queensland and South Australia which apply a universal licencing scheme rather than a sectoral one as preferred by some organisations.  This should make the scheme easier to administer as it removes demarcation disputes and, as pointed out by the Minister for Roads and Road Safety, Luke Donnellan, removes loopholes of opportunity for avoiding obligations – a critical consideration in a sector that has shown such disregard for legal obligations. Continue reading “Victoria joins the push for licencing labour hire”

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