Category: Duty of Care

Sex Work regulations review safety obligations

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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  Several revisions specifically address workplace safety issues but also indicate out-of-date thinking on worker safety and safety management.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”

Talking about safety – old skills in new ways

Australia’s latest Prime Minister, Malcolm Turnbull, has a strong background in technology investment and is urging the country to embrace innovation.  This has generated a focus on information technology start-ups but it may also create opportunities for occupational health and safety (OHS) professionals, if they are willing to change.

There has been a quick growth in

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Zero Harm is dead, long live ……whatever comes next

Zero Harm was an enormously popular motivational aim for OHS.  It originated as a response in some large organisations where safety performance was plateauing and who felt that they had achieved as much as they could in redesigning work and improving physical safety.  The plateauing led to frustration and a reassessment of safety practices.  The remaining variable was seen to be the worker and so slogans were instigated to increase the care (or mindfulness) of workers.

However, this assessment seems to have taken the traditional, and shallow, approach.  One variable is, of course the worker but the assessors failed to see that the organisational structure and operations were, or should be, variable too.  In the words of the current Australian Prime Minister, Malcolm Turnbull, this variability, this adaptability, could lead to innovation, economic growth and increased sustainability.

The promotion of the zero harm approach to safety could be seen as a safety dead-end and an indication that organisations were fixed on only seeing the dead-end.  Safety thinkers, and there are a few, offered ways out of the dead-end by thinking differently about what we know.

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Submission on Labour Hire disappoints on OHS

cover of Ai_Group_LabourHireandInsecureWork__November 2015_Final2The public submission phase for the Victorian Government’s inquiry into labour hire and insecure work closed last week.  Public hearings have occurred this week and will continue in February 2016. One industry association, the Australian Industry Group has released its submission.  Its discussion  of occupational health and safety (OHS) of labour hire workers and suppliers is very disappointing.

Representing Members

The AiGroup says, in its submission that

“The interests of both groups [labour hire companies and users of labour hire], as well as the interests of the broader community, are best protected by ensuring that a competitive market is maintained for the provision of labour hire services, and that impediments to competition are removed.” (page 4)

It could be argued that the competitive market has allowed unscrupulous labour hire suppliers to succeed as they have been offering the cheapest labour.  These suppliers have succeeded, mostly, because there is a ready market for opportunities to maximise profit by reducing the legal rights of workers.  A competitive market may help fix the problem but it is also a problem that it helped create. Continue reading “Submission on Labour Hire disappoints on OHS”

Missed lessons from work-related traffic incidents

Cover of Work-related-fatalities-involving-trucksIn early 2014 a truck driver drove his vehicle into an intersection, collided with a car resulting in the death of four out of five members of one family. The truck driver, Jobandeep Gill, has been sentenced to 10 years jail.  Video of the incident site shows a company name on the side of the van.  It is not possible to determine who Gill was driving for or what his employment status was but, regardless of this, it seems a work vehicle was involved in the death of four people, and therefore occupational safety laws (OHS) may have been broken.

It is accepted by OHS regulators that a truck is a workplace for the driver and that OHS responsibilities of all workers include

“… take reasonable care for the health and safety of persons who may be affected by the employee’s acts or omissions at a workplace…” (Section 25 of the Victorian OHS Act 2004)

On 25 November 2015, Dr Rwth Stuckey stated at an ISCRR seminar that:

“WRR (work related road) crashes [are the] leading cause of traumatic work-related fatality & injury in most westernised countries.”

So why don’t OHS regulators follow-up WRR crashes by interviewing the truck owners or the employers of the drivers?  Perhaps statistics don’t support Dr Stuckey?

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