Category: ethics

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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Does OHS research have a Left and a Right?

Occupational health and safety (OHS) has had an uneasy ride in political debates in Australia, often because there is a disturbing morality in laws that dictate an employer has responsibility for the safety and health of their workers, even if legal wriggle room is allowed. There is no written history of OHS in Australia except within the confines of Industrial Relations, if it gets mentioned at all.

Recently I engaged in a conversation with a professional colleague on LinkedIn (I know, didn’t your Mother always say not to engage with people on social media? Well, this is a blog so….). That colleague made some odd political statements.

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Applying a big stick ….. of foam

South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.

In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.

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Insecure work is not going away, but it should

Insecure work creates stress for workers and their families yet companies continue to choose insecure work contracts for this type of work. They must take some responsibility for the physical and mental health consequences.

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Insecure work creates stress for workers and their families yet companies continue to choose insecure work contracts for this type of work. They must take some responsibility for the physical and mental health consequences.

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Weasel Words, OHS and the Status Quo

Recently the Chamber of Minerals & Energy of Western Australia (CME) released a guideline on alcohol consumption in the mining sector. It is a curious document reflecting many of the significant corporate misunderstandings about occupational health and safety (OHS).

This article is not primarily about alcohol consumption guidelines, drink limits, or snacks with alcohol or moderation. The misunderstandings are displayed through the language used in CME’s media release, which seems to be the default setting for corporate discussions of OHS.

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Can you vote for OHS?

Australia is in the last few weeks of its federal election. Because it is a national election and occupational health and safety (OHS) is almost totally regulated at the State and Territory level, workplace health and safety is rarely if ever mentioned directly in campaign pledges. However, OHS does have a political campaign context if one accepts that some workplace hazards are caused or affected by social and government policies.

Australian Labor Party

The Australian Labor Party’s suite of campaign policies includes several items that could reduce the mental anguish in the community, thereby encouraging people to take jobs and making applicants more attractive to employers but there are no direct pledges on OHS. It states in its “Secure Australian Jobs” policy that:

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Two steps forward and one back

Employers are less criticised about their workplace health and safety performance than the government, even though it is employers who have the primary duty of care for their workers’ occupational health and safety (OHS). The Federal (conservative) government and Prime Minister remind us regularly that the responsibility for OHS sits in the State and Territory jurisdictions. No one seems to accept their own responsibilities for OHS, so it is little surprise that worker health and safety has no effective national coordination.

Recently the Australian Council of Trade Unions (ACTU) released an OHS report entitled “Morrison Missing in Action on Work Health and Safety“. It is also looking in the wrong direction. Of course, the Prime Minister is missing in action – employers have the primary duty of care, which local jurisdictions enforce.

Although this document has good OHS information, references and statistics, it is primarily part of the current federal election campaign, reporting information that the politicians mostly already know.

Continue reading “Two steps forward and one back”
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