Duty of Care – Page 8 – SafetyAtWorkBlog

Legal Professional Privilege is the OHS equivalent of the Non-Disclosure Agreement

Pam Gurner-Hall is no stranger to this blog. Recently she appeared in an article by the Australian Broadcasting Corporation (ABC) about access to information from South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA.

SafeWorkSA has been under considerable scrutiny for the last few years. A “root and branch” review conducted by John Merritt is the latest inquiry. [Note: this article was written before the release of the Merritt report and the Government’s interim response last weekend. More on that report shortly]

Gurner-Hall’s concerns seem more about the government’s response to the inquiry and the application of Legal Professional Privilege (LPP). She is quoted saying:

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Extreme heat

Global warming is affecting how we work just as much as how we live. Working in Heat policies are designed based on experience rather than meteorological and climate forecasts, meaning these documents are always chasing reality and not getting ahead of the occupational hazard.

On January 19, 2023, Steven Greenhouse (coincidental name) looked at the topic of working in extreme for Nieman Reports writing that:

“High heat can be a big problem for the nation’s workers, not just farmworkers and construction workers, but delivery workers, utility workers, landscaping workers, and warehouse workers.”

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Mental health book should be influential due to lack of bullshit

Some of the recent guidance on mental health at work from occupational health and safety (OHS) regulators is not scintillating or even engaging. Their purpose is to provide information with the hope it is presented in a workplace by someone super-communicative and influential. (C’mon, really? We’re talking about OHS here.)

Luckily there is a recent easy-to-read book of fewer than 150 pages that reads like a conversation over a single afternoon with the reader about Mental Health At Work.

Who’s to blame?

All occupational health and safety (OHS) advocates should be reading the work of Jordan Barab. His latest article on “blaming the workers” for their own incidents is a great example of his writing. The article also illustrates one of the things about OHS that really gets up the noses of employers – if we don’t blame the workers, we have to blame the employers. An Australian answer to the situation would be Yeah, Nah.

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How could OHS have helped manage Chris Smith?

SkyNews and radio host, Chris Smith, has been dismissed due to inappropriate behaviour at a company Christmas party. This type of behaviour has been on the occupational health and safety (OHS) and Industrial Relations radar for a long, long time. Recently the psychological impacts of this type of behaviour have come to the fore, placing the issue clearly in the OHS realm.

It is useful to look at the Chris Smith saga through the “new” OHS perspective.

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HR, welcome to the OHS world and start getting used to it

In an article on burnout in The Sydney Morning Herald and The Age on December 10 2022 (paywalled), there was a peculiar quote and some paraphrasing of Sarah McCann, chief executive of the Australian Human Resources Institute (AHRI), indicating the size of the challenges facing human resources professionals in preventing psychosocial harm in Australian workplaces.

The article is a peculiar one. It states that burnout has been categorised as an occupational risk by the World Health Organisation but then reports on psychological support organisations who are applying the concept outside of work activities. The justification for this is that the work undertaken at home or in caring for a family is unpaid work but still work, so the occupational definition applies. That’s a stretch, but it’s possible.

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The bubble has burst. Bring on the next one.

The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.

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Category: Duty of Care

Legal Professional Privilege is the OHS equivalent of the Non-Disclosure Agreement

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Extreme heat

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Mental health book should be influential due to lack of bullshit

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Who’s to blame?

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How could OHS have helped manage Chris Smith?

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HR, welcome to the OHS world and start getting used to it

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The bubble has burst. Bring on the next one.

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