Category: Duty of Care

Violence against teachers

Unless you are a teacher, it is difficult to comprehend the extent of stress and pressure teachers can face at school. A recent court case in Queensland involving an appeal against a decision by the Regulator not to accept a workers’ compensation claim provides some insight into the teacher’s lot.

The case, Roberts v Workers’ Compensation Regulator [2023] QIRC 76 (6 March 2023), was won by Ms Karen Roberts as the Commissioner decided that Roberts’ experiences at work, over time, were the major contributor to her post-traumatic stress disorder. There are statements in this decision that the school’s management practices did not worsen her experiences, and there are arguments over the degree of influence of other factors, but there is no occupational health and safety (OHS) perspective here. Even though it is not an OHS prosecution, there is an important OHS context.

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OHS is now a fundamental human right. So what?

Last year the International Labour Organization (ILO) added occupational health and safety (OHS) to its Declaration on Fundamental Principles and Rights at Work. So what? I hear you cry. According to one trade union website:

“Contrary to Conventions – which are subject to ratification by individual Member States to be applicable, all Member States (187 Members) are expected to respect, promote and realize Fundamental Principles and Rights .”

This change has been a long time coming. Expect to hear a lot of discussion about this change at the 23rd World Congress in Sydney later this year, if not Ap[ril 28 and May Day. What Australia will say about this change is unknown, but it will be expected to say something.

Continue reading “OHS is now a fundamental human right. So what?”

Work hazards generated by the Prime Minister

An employment dispute over working hours has entered the mainstream media as it relates to the office of one of the crossbench independent members of parliament, a favourite target of some of the media. The dispute over the meaning of additional reasonable working hours illustrates several occupational health and safety (OHS) issues.

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Plain psychosocial health guide has great potential

Recently the European Agency for Safety and Health at Work released an “e-guide” on managing stress and psychosocial risks at work. It offers a radical contrast to some of the information on risks and burnout that originate from the United States.

The e-guide is really a PDF file that uses the software’s features to establish links between the table of contents and relevant pages of information. This is a little “old school” but the Agency often does this, I think, to allow for wide distribution and easy application.

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Another burnout book from the US that ignores OHS duties

Advisory books about how to manage Burnout continue to be published. Another one that, due to the format and publisher, could be influential is Burnout for Dummies by Eva Selhub. Sadly, Selhub consciously downplays the occupational health and safety (OHS) role in preventing Burnout. Her choice sidelines OHS, the organisational context and the employer’s duty of care, but that seems typical for Burnout authors from the United States.

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Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]

This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.

New South Wales may follow if the Labor Party wins the March 2023 election

Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.

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Is psychosocial harm always preventable?

Occupational health and safety (OHS) in healthcare is a unique experience. Patient care and patient safety seem to override the OHS duties for healthcare workers. This is understandable given the culture and purpose with which people work; however, it is short-sighted, especially on the issue of mental health at work.

A new book on burnout (yes, another, and there are even more) was published recently on the issue of preventing burnout for healthcare workers, written by John Halbesleben. This 2nd edition has a slightly revised title to reflect the changing emphasis on mental health at work.

Halbesleben writes that the first edition from 2009 tried to convince readers that burnout was an occupational risk. Since then, that fact is now accepted, and not just because of the coronavirus pandemic. He writes:

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