A new option for avoiding OHS obligations

cover of Deferred-Prosecution-Agreements-Discussion-PaperA major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations.  Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of options and mechanisms, such as enforceable undertakings, available to companies in order to avoid a prosecution or financial penalty.

A new prosecution option has recently gained the attention of the Australian Government and one with which OHS professionals should become familiar as it could spread into their field of operations.

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OHS is not broken but does need attention

Recently an article was posted on SHPOnline called “Health and safety needs a re-brand“.  The article by Anna Keen ties in with the Safety Differently or Safety 1-Safety 2 movements but needs to be considered carefully.

The street interviews were conducted in England where occupational health and safety (OHS) has undergone such a slagging off by the tabloid media that the Health and Safety Executive had to devote resources to countering the misrepresentation of OHS.  This misrepresentation has been occurring since the mid-2000s.  The video in the article is conformation of the success of the tabloid media outrage that even led to a pathetic attempt at comedy at OHS’s expense.

OHS, particularly in the United Kingdom but less so in Australia, has a perception problem which is clear from the video but will re-branding be enough?  

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Labour Hire Inquiry submissions address OHS, sort of

The Victorian Government has concluded the public hearing section of its inquiry into Labour Hire. Industrial Relations Minister Natalie Hutchins has said in a media release that

“Evidence has been put to the inquiry suggesting widespread  underpayment of award wages, tax avoidance, nonpayment of superannuation, poor occupational health and safety practices, maltreatment of workers and backpackers on visas, and, in some instances, allegations of illegal conduct.”

This article focusses on the occupational health and safety (OHS) evidence provided through the

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Queensland plans for a safety culture for quad bikes

[Guest Post from Dave Robertson of Quadbar]

Cover of QLD Quad Bike Plan_2016-2019On March 3 2016, the Queensland government released its “Statewide Plan for Improving Quad Bike Safety”. The document covers a wide range of issues but risk controls like substitution and engineering only get small mention.

According to the Minister for Employment and Industrial Relations,  Grace Grace, the government intends

“…to create a safety culture through education and awareness as the immediate first step toward improving safety outcomes for quad bike users and their passengers.”

It must be noted that the plan covers occupational and recreational use of quad bikes but it is also important that the Statewide Plan does not indicate how the success of the plan and the safety culture model will be assessed.

Continue reading “Queensland plans for a safety culture for quad bikes”

Overburden exposes the social burden of workplace death and illness

On 26 February 2016, a recent documentary about a portion of the American coal-mining industry, Overburden, was shown with a panel discussion, as part of the Transitions Film Festival in Melbourne. The film is commonly promoted as an environmental film but it also touches on

  • Corporate and executive arrogance;
  • A complete disregard to worker safety;
  • Excessive influence of industry lobbyists in the political process;
  • The socio-economic impacts of allowing an industrial monopoly;
  • Personal perspectives of risk.

The trailer hints at some of these issues. (A traditional mainstream review of the film is available HERE)

The panel drew direct lines between the Appalachian issues raised in the film with the socio-economic issues in Victoria’s LaTrobe Valley that resulted from the Hazelwood Mine Fire. Continue reading “Overburden exposes the social burden of workplace death and illness”

Sex Work regulations review safety obligations

SafetyatworkV2I7-cover
2000 edition of SafetyATWORK magazine addressing some of the OHS issues in brothels

Consumer Affairs Victoria (CAV) is seeking public comment on some proposed revisions of the Sex Work Regulations.  Several revisions specifically address workplace safety issues but also indicate out-of-date thinking on worker safety and safety management.

Victoria licences its brothels and, as such, the occupational health and safety (OHS) laws apply as they do to all workplaces. However, the regulators of the sex industry seem to perceive OHS usually in terms of sexual health and hygiene even though statistics have shown that these issues are low risk hazards. This perception has lasted well over a decade as this 2000 article from National Safety magazine shows. Continue reading “Sex Work regulations review safety obligations”

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