COVID-19 lessons are more likely to come from an independent investigation than from OHS prosecutions

WorkSafe Victoria has a window of two years, within which it must start a prosecution for breaches of the occupational health and safety (OHS) legislation. As a result, a small number of notable prosecutions commenced recently from the early days of the coronavirus pandemic.

Over the last few weeks, Worksafe has started court action against St Basil’s Homes For The Aged, Heritage Care Pty Ltd and an individual nurse.

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Vaccine mandates and omission bias

Over the last two years or so, occupational health and safety (OHS) professionals seemed to have been the go-to people for handling the workplace impacts of the coronavirus pandemic. Whether that is fair or not is debatable, but it is likely to repeat reality as workplaces continue to face labour shortages, production and supply disruption and variable exposure to the virus. At the moment, many politicians are uncertain about how to proceed. Employers need to have an operational plan, but they, or their OHS advisers, also need to step back occasionally and look at the larger context.

That step-back perspective is just what Dyani Lewis has done in a small but useful book called “Unvaxxed – Trust, Truth and the Rise of Vaccine Outrage“.

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Possible Treasury and Industrial Relations white papers before the Job Summit and October Budget

So what level and type of well-being budget did Dr Jim Chalmers commit his government to? A lot less than we anticipated last week. Dr Chalmers gave a nod to the work of his New Zealand counterpart but seems to be waiting for further discussion in the “jobs summit” in September 2022.

Michelle Grattan has written that:

“A coming test for consensus will be the September jobs summit. This will be an ideas-gathering exercise, but the government will also want to shape it as a prelude to the October budget, and that will require some common messages.”

Regardless of Dr Chalmers’ intention to develop a well-being budget, the jobs summit will have the same tripartite of industrial relations and occupational health and safety (OHS) invitees. Unless Dr Chalmers and Treasury offer up something fresh, like an OHS perspective on the prevention of mental health, innovation is unlikely. Little more than “in-principle” agreements should be anticipated.

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‘Enough was Enough’ over a decade ago and the mining industry failed to act then

The recent report on sexual harassment at West Australian mine sites deserves national attention for several reasons.  The stories are horrific, partly because many of us thought such stories were in the distant past.  The fact that many are recent should shock everyone into action. 

The report “Enough is Enough”is highly important, but its newsworthiness seems disputable.  Some media have covered the report’s release but the newsworthiness, in my opinion, comes less from this one report but from the number of reports and research on sexual harassment, bullying, abuse, disrespect and more in the mining sector over the last twenty years that have done little to prevent the psychosocial hazards of working in the mining and resources sector and especially through the Fly-in, Fly-Out (FIFO) labour supply process.

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Another attack and death of a remote area nurse

In 2008 a remote area nurse was raped and assaulted in her work-related residence in Mabuiag Island in the Torres Strait. More recently, South Australia had a similar incident – the rape and murder of nurse Gayle Woodford while working on-call alone. Both have resulted in inquiries by Coroners, Departments of Health and others, with similar outcomes, primarily that these incidents could have been prevented.

The recent outrage around Woodford’s death was that SafeWorkSA investigated and decided not to proceed with a prosecution of her employer Nganampa Health Council (NHC). The Coroner had already investigated Woodford’s death and found significant deficiencies in the NHC’s management systems and practices. Understandably questions have been asked in the South Australian Parliament, questions that raise important occupational health and safety (OHS) issues.

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Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing death and failing to comply with a health and safety duty of care, according to one media report.

There are many occupational health and safety (OHS) lessons from Smith’s death, but one of particular note is that the South Australian Police and SafeWorkSA conducted a joint investigation. Deputy Commissioner of Police Linda Williams said, in a media release:

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Safety (funding) differently

When Tony Abbott was the (Liberal) Prime Minister, he reduced the commonwealth grants program substantially as part of his austerity and “debt” and deficit” strategies. This resulted in defunding many occupational health and safety (OHS) support and research units of trade unions, industry associations, etc. OHS has been poorly served ever since. The new (Labor) government has an opportunity to resurrect some of these OHS units by allocating some level of funding and, perhaps, expanding it beyond the traditional consultation triumvirate.

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