Duty of Care – Page 9 – SafetyAtWorkBlog

Employers’ continuing “intolerable laxity”

Recently a discussion of occupational health and safety (OHS) in Australia’s construction industry during COVID-19 lockdowns was published. “What’s it going to take? Lessons Learned from COVID-19 and worker mental health in the Australian construction industry” is thankfully “open access” and well worth reading for its strong and controversial OHS recommendations, but it could have paid more attention to the role of the employers or Persons Conducting a Business or Undertaking (PCBU) in applying legislative OHS obligations and how their resistance continues to harm workers.

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Work-related childrens book

In 2015, I described the classic children’s book The Story of Ferdinand as the most important book about modern OHS (occupational health and safety). My interpretation of it as a book about toxic masculinity and work/life balance will remain relevant as long as it exists. But another example of a children’s book related to work, but more obviously than Ferdinand, is the award-winning picture book Cicada by Shaun Tan.

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The continuation of engineered stone can no longer be supported

The Housing Industry Association (HIA) is an effective government lobbyist for its members who can be relied on to make a submission to whatever opportunity the governments offer. The HIA does not provide details of membership numbers or names, but it does list its sponsors and partners. Recently HIA made a submission on “the prohibition on the use of engineered stone”. Its position held few surprises.

Perhaps also unsurprising is Kate Cole’s justification for a ban on engineered stone.

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The cultural impediments to OHS improvement in agriculture need to be confronted

Recently Western Australia concluded its WorkSafe inquiry into the Agricultural Industry. The recommendations for improvements in occupational health and safety (OHS) are remarkably dull as they largely fit with business as usual. It is much more useful to file this as a reference document which offers some safety insights.

The inquiry was established after a spate of farm deaths (Don’t all OHS inquiries come from disasters!?). Most of the terms of reference relate to the collation of data, which, in itself, is an implied criticism of the past OHS Commissioners and governments (and national leadership).

The inquiry report is an excellent analysis of the cultural relationships between farming and OHS regulation, with some brutally honest findings that other States and OHS professionals should heed.

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The personal and cultural factors in work addiction

Recently this blog wrote about an article on the news website of the Australian Broadcasting Corporation concerning burnout. One of the people interviewed for the article was Sally McGrath, who responded to a series of questions put to her to clarify some of the workplace mental health issues raised.

SAWB: Did your three burnout experiences happen at the same workplace?

SM: Yes – this was a result of me taking on too much, and being “capable” is something that I believe can work both for and against a person. In my case (and many I see) always saying yes and being delegated work is where the burnout begins, you don’t want to be seen as not coping or capable. You also want to be seen as the “next in line for promotion” and saying no can work against you.

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.

Category: Duty of Care

Employers’ continuing “intolerable laxity”

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Work-related childrens book

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The continuation of engineered stone can no longer be supported

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The cultural impediments to OHS improvement in agriculture need to be confronted

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The personal and cultural factors in work addiction

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Violence against teachers

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OHS is now a fundamental human right. So what?

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