Duty of Care – Page 70 – SafetyAtWorkBlog

Stirring the OHS pot

I was honoured to speak recently at the monthly meeting of the Central Safety Group. As the meeting occurred during Safe Work Australia Month it seemed appropriate to stir debate about the nature of occupational health and safety (OHS) and how it applied.

Here is a selection of points that I intended to make. Discussion developed in a manner that allowed for many of these to be only touched upon but that was the intention of the presentation – to encourage OHS professionals to talk about OHS rather than about specific hazards. Continue reading “Stirring the OHS pot”

Scissor Lifts and safety

Caulfield lights2 edited — digitally altered

Workers in scissor lifts often step on railings or overreach placing themselves at risk of falling. These actions are contrary to the use of plant as usually recommended by manufacturers and to the usual requirements in an occupational health and safety (OHS) management plan for working in the rail environment.

The actions in these photographs occurred on a Melbourne railway station and in an industry that this author has worked in for the last six years. Photographs never show the entire facts of a situation and there are many assumptions and what-if scenarios about which these photos could, and should, start discussions. The following discussion of occupational health and safety management issues focuses on the facts presented by the photos*.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Professional sportspeople are workers, so make them safe

Player Reaches To Catch Ball In Australian Rules Football Game There is no doubt that football fields are the workplaces of professional football players and their support staff. So they are covered by occupational health and safety (OHS) and/or work health and safety (WHS) laws but what does this mean in relation to OHS regulators, and the sportspeople’s employers? Recently Eric Windholz looked at this particular issue.

Windholz recently published “Professional Sport, Work Health and Safety Law and Reluctant Regulators” in which he states:

“The application of WHS law to professional sport is almost absent from practitioner and academic discourse. An examination of the websites of Australia’s WHS and sport regulators reveals none contains WHS guidance directed to professional sports.” (page 1, references are included in the paper)

The example he uses to show this apparent lack of interest, even by the Victorian OHS regulator, WorkSafe Victoria, is the Essendon Football Club supplements saga. Windholz writes

“Had these events occurred in the construction, manufacturing or transport industry, for example, it is difficult to imagine WHS regulators not intervening. Yet, WorkSafe Victoria initially was reluctant to investigate choosing to defer to ‘more appropriate bodies’. It only commenced an investigation when compelled by a request from a member of the public.” (page 2)

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Stanley’s story is powerful and unforgettable

Recently I was telling a colleague to temper their online video strategy and consider extracting the audio tracks from which a podcast strategy coud be developed. The advantage of podcasts is they can be listened to, be more portable, less distraction and, I think, can be more powerful. Earlier this week I listened to a Canadian podcast/documentary about the familial and social effects of a workplace death in the 1950s.

“What can you tell me about Stanley?” is not a contrived plea for greater focus on workplace fatalities, as we often get from occupational health and safety regulators. It is a snippet of family history, a painful and secret family history about the death of an uncle and a brother in a steel mill in the 1950s. The podcast looks at coronial records, company records, notes taken at the time by Stanley’s brother and shows that shame that many feel around workplace deaths now, existed then.

I listened to the podcast several days ago but I shiver now when I recall some of the pain and surprise that the family experienced.

“What Can You Tell Me About Stanley” can be listened to as a straight tale of a workplace death and the way such an incident was perceived in the 1950s. But just as importantly, this should convince people of the power of simplicity in storytelling and social media. The documentary obviously took months to put together and the revelations to the family are clearly not linear but this effort provides a fascinating 30 minutes for your attention.

Think of Stanley when you are applying your OHS skills. You’ll be better for it.

Kevin Jones

Enforceable Undertakings on OHS – Good and Bad

In 2010 Queensland’s former Attorney-General Cameron Dick said of enforceable undertakings that:

“Enforceable undertakings promote the introduction of long-lasting and more wide-ranging safety changes that would not have occurred under the prosecutorial system that imposes fines after the event.”

Enforceable Undertakings can be a powerful force for improving occupational health and safety (OHS) but they could also be used by employers to forestall investment in OHS and minimise the financial penalties should an incident occur.

Continue reading “Enforceable Undertakings on OHS – Good and Bad”

Inconsistency on OHS roles in dairy careers guide

Several years ago, WorkSafe Victoria published “Dairy Safety: A Practical Guide“* A decade on Dairy Australia has published its career guidance “Stepping Stones” which seems to imply that not all employers and workers have a legislative responsibility to work safely and without harming others.

It is a legislative truism that “safety is everyone’s responsibility” and Dairy Australia advises that

“All farm businesses have an obligation under law to provide a safe and healthy workplace for their employees, contractors, family, visitors and members of the public. Farm businesses who don’t act to fulfil health and safety responsibilities face significant fines and penalties.”

Cover of Stepping Stones - Dairy However according to Stepping Stones only some dairy roles have an overt occupational health and safety obligation. Continue reading “Inconsistency on OHS roles in dairy careers guide”

Beyond auditing for due diligence

One of the most significant motivators for changes in safety leadership in the executive circles in Australia has been the obligation to apply due diligence to occupational health and safety (OHS) matters. The obligation has existed for several years now but is still dominated by legal interpretations rather than managerial ones. To support the legal obligations, OHS professionals should look at how they can add value to due diligence. One way of achieving, and exceeding, compliance of due diligence would be to subject OHS systems and strategies to a peer-review rather than a narrow audit process. Continue reading “Beyond auditing for due diligence”

Category: Duty of Care

Stirring the OHS pot

Like this:

Scissor Lifts and safety

Like this:

Professional sportspeople are workers, so make them safe

Like this:

Stanley’s story is powerful and unforgettable

Like this:

Enforceable Undertakings on OHS – Good and Bad

Like this:

Inconsistency on OHS roles in dairy careers guide

Like this:

Beyond auditing for due diligence

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: