Category: enforcement

Trying to make the horse drink

The discussions about occupational health and safety (OHS) and its relevance to COVID19 has finally touched the mainstream media with an article in The Age newspaper on May 7, 2020. The article is largely a reiteration of statements made by the Australian Council of Trade Unions (ACTU) and the Minister for Industrial Relations over the last few days but it is the first time that Safe Work Australia (SWA) has joined in.

The Chair of Safe Work Australia, Diane Smith-Gander has stated that additional regulations may have unintended consequences. She is quoted saying:

“We’ve got to let that system operate,… If we try to over-regulate and over-legislate, we will have unintended consequences for sure.”

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COVID19 checklist used by NOPSEMA

It has been assumed that Australian businesses that have continued to operate during the COVID19 pandemic have been maintaining their occupational health and safety (OHS) audits and assessment; and that the safety regulators have been inspecting workplaces. On May 6 2020, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) released the findings of

“…a series of remote COVID-19 specific inspections, confirming operators of offshore facilities are equipped with adequate arrangements for protecting workers from infectious diseases such as COVID-19.”

The findings are interesting but perhaps of more interest is the questions that were asked and how the answers were verified.

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“a COVID safe workplace” – Mark 2

Less than 12 hours after not mentioning Safe Work Australia’s COVID19 occupational health and safety (OHS) guidance, the Minister for Employment, Skills, Small and Family Business, Michaelia Cash, issues a media release, in conjunction with the Minister for Industrial Relations, Christian Porter, saying that

“The Safe Work Australia (SWA) website has been transformed into a centralised information hub, which can be easily searched using a handy content filter to find work health and safety guidance relevant to 23 specific industries.”

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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Lessons from the US

The current COVID19 pandemic has presented businesses with a confusing risk challenge. Is the risk of infection a public health issue or an occupational health and safety (OHS) issue? The easy answer only adds to the confusion – it is neither and both.

In relation to epidemics and pandemics these are public health risks within which the OHS risks must be managed. In Australia, many of the OHS regulations and agencies were slow to provide the level of detailed guidance that employers were requesting and this was partly due to the regulators and agencies having to scramble together working groups and experts to rapidly produce such guidance. The situation in the United States offers a useful and reassuring comparison to how the Australian governments have responded but also offers OHS lessons for Australian employers.

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Possible replacements for Safe Work Method Statements

Could improving the situational awareness of workers replace Safe Work Method Statements?

Many Australian occupational health and safety (OHS) professionals rally against the dominance of Safe Work Method Statements (SWMS). The application of SWMS beyond the legislated high-risk construction work parameters increases the amount of safety clutter and misrepresents OHS as being able to be satisfied by a, predominantly, tick-and-flick exercise. But critics of SWMS are rarely pushed on what, if anything, should replace SWMS? SafetyAtWorkBlog asked some experts and looked closer at the issue.

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Inspection data offers COVID19 risk priorities

The coronavirus pandemic is an unexpected challenge for many employers and for workers. As this article from the Australian Broadcasting Corporation shows, there is confusion about the rights and duties of both parties at work.

Larry acted under his duty to not put himself at harm by raising his concern to his employer. The employer should have already determined that the workplace is safe and without risks to health and implemented control measures to reduce the risk of cross-infection. Guidance on how to do this has existed for several weeks.

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