OHS lawyer says to trust your gut

Occupational health and safety (OHS) seminars can be a bit hit-and-miss. Sometimes they seem to be a front for promoting a new management program, but every so often, the information offered is perceptive and rewarding. Herbert Smith Freehills partner Steve Bell has been consistently rewarding over many years. No quoting Section 321 of an OHS Act or PowerPoint slide of obscure and semi-important court cases here. His latest seminar appearance covered

  • Due Diligence,
  • Industrial Manslaughter,
  • Psychosocial Risk Assessments
  • OHS Harmonisation.
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Is the OHS role in ESG overstated?

The March 2023 edition of Professional Safety, the journal of the American Society of Safety Professionals, included a lead story about the safety professional’s role in ESG (Environment Safety and Corporate Governance) strategies.  Its perspective was a little unclear and was based on many assumptions.

One of the problems with the article is the assumption that the occupational health and safety (OHS) professional has a large influence over the decisions of the business.  That is rarely the case, and there are many instances of OHS being sidelined or compartmentalised by structural and reporting lines and the exclusion of OHS from key decision forums like Board Meetings. So does OHS have a role and to what extent?

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When an increase of 0.5 percentage points is described as an outrageous 43% increase

This week the Victorian Government flagged changes to the workers’ compensation premiums and eligibility. This has generated outrage from business lobby groups and the trade unions, and as he is being criticised by both political extremes, Premier Dan Andrews believes his decision, i.e. being hated by everyone, is a winner.

The Age newspaper was one of the first to report (paywalled) on the announcement of these changes on May 19, 2023. Significantly it included a quote from Dr Mary Wyatt on the economic and social importance of injury prevention. Hers has been one of the few mentions of the role of good occupational health and safety (OHS) management.

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“Some of you may die, but it’s a sacrifice I am willing to make”

Recently at the Central Safety Group, I offered two business options to prevent and manage the risks of mental injury at work – Employ more people or Descope company expectations. This was glib, but I was trying to simplify the decisions that employers will face if they choose to meet their occupational health and safety (OHS) obligations. The reality of the decision-making process is challenging, but it seems to me that the core decisions are to increase the workforce to adequately and safely meet the needs of the company or project, or reduce the production volume or decrease the expectations of the client, and the related stress levels of the workers, to match the size of the workforce.

The actual decision is more complex, but this choice is fundamental to the prevention of harm and compliance with the OHS laws.

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OHS tidbits from the latest Productivity Commission Report

On March 17 2023, the Australian government released the Productivity Commission’s latest 5-year Productivity Inquiry report. At well over a thousand pages, few people are going to read it to the level it deserves. Nor will I, but I have dipped into it and found a couple of important comments that relate directly to the management of occupational health and safety (OHS).

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Getting the (political) balance right

One can never accuse politicians of deep or systems thinking on the issues and policies for which they are responsible. Victoria’s Minister for WorkSafe, Danny Pearson, spoke at a press conference on March 6, 2023, about the viability of the workers’ compensation systems, which he described as broken, during a substantial increase in claims for workplace mental injury. Premier Dan Andrews has spoken of this matter since and with a similar perspective – politics rather than occupational health and safety (OHS).

How this issue develops over the next month may determine who speaks for the government at the April 28 Workers Memorial event.

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Big consultancies sully their own nest

Large consulting firms have been getting a hammering lately. Fraud, leaking information, work-related suicides, corruption, unethical behaviour……. I bet they are nostalgic for the good old days when they were primarily auditors. There are several occupational health and safety (OHS) connections with the Big4, Big3 or Big 7. Auditing is the obvious overlap, but several recent books have identified some other strange relationships with Government that affect policy that, in turn, affect OHS. This is a brief look at one of those books – The Big Con.

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