Category: Duty of Care

Call for Industrial Manslaughter laws after more unnecessary deaths

It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.

The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of

“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”

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A call to arms on OHS

In early January 2024, the British Medical Journal (BMJ) published a commentary by Professor Alex Collie that illustrates the need to broaden our consideration of “traditional” and psychosocial hazards and well-being at work. The article is paywalled but worth obtaining a copy.

Collie‘s research is always interesting, and being published in the BMJ adds some clout to this call for activism.

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Should photos of unsafe activities be published unedited?

In early December 2023, the Australian Financial Review (AFR) published this (unblurred) photo of a woman, a man, and a child riding a single motorbike in the Australian countryside. Riding in such a way is unsafe, some may say reckless, and contrary to the operational guidelines of motorcycle manufacturers. Should the AFR have used this photo? Should there be a ban on such photos?

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Psychosocial laws may encourage political risks

In December, Australian law firm Maddocks launched its 2023 Year in Review. Two items were directly relevant to occupational health and safety (OHS) – Sexual Harassment and Psychosocial Safety – both addressed by Catherine Dunlop. The size of the challenge ahead on both these topics was shown by the Australian Financial Review on December 7, 2023:

“Fewer than half of directors are confident their companies will be able to adhere to new workplace sexual harassment standards when they come into force next week, with just one in five female directors saying their boards understand the requirements of the new regime.”

Outside of the Maddocks launch, there is also some speculation that Victoria’s proposed psychosocial regulations may never happen.

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A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Cultural and operational shortcomings in white-collar work

Long working hours and the billable hours structure received some attention in the prominent business newspaper. the Australian Financial Review, on November 11,2023. Unsurprisingly the article, by Edmund Tadros, about former Sex Discrimination Commissioner, Elizabeth Broderick has garnered attention in the business social media. The article reinforces the unsafe nature of the dominant management practices in white-collar workplaces.

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Plain speaking on mental health v nuance

Plain speaking is one of the greatest challenges of any profession. Many professionals struggle to communicate their excellent work and knowledge which has created the moves for Research-To-Practice and specialised communicators (as opposed to public relations advisers). Human Resources (HR) and Occupational Health and Safety (OHS) need communications specialists, or perhaps just interpreters, if a recent article on workers compensation and mental health is anything to go by.

If we are going to achieve a successful and effective change on workplace mental health, we need to start to understand each other.

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