Reform or Reframe? NSW’s WHS Laws Tackle Liability, Not Prevention

The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.

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Confronting Union Thuggery that Undermines Workplace Safety

Militant construction unions in Australia have damaged the relationship between the community and the trade union movement. Although the typical trade union member may be a nurse, a teacher, or a public servant, most would depict a member as a big, aggressive, rude, and domineering man. Australia’s trade union movement is trying to redress this perception, but it cannot progress until it eliminates the unsafe behaviour of the organisers of the Construction Forestry Mining and Energy Union (CFMEU). The Queensland government is set to give reform a red-hot go.

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Bananas, Bench Press, and Bull – A Health Program for the Already Healthy

Researcher William Fleming found that there is little evidence to support the claim that workplace wellness programs provide the health benefits typically promised. That research from a couple of years ago still resonates, but Fleming has continued to research corporate wellness programs and is broadening his discussion. The latest research paper, “Health lifestyles at work: availability, barriers and participation in workplace wellness”, is a deeper analysis of the social context of wellness programs and why employers use them.

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Changing the Unchangeable? – Reforming Culture in the Australian Defence Forces

Many people in Australia are asking why any woman would consider a career in the military, given the considerable risk of sexual harassment, abuse and assaults. Occupational health and safety (OHS) and risk management disciplines often draw on many of the risk assessment processes and principles from the defence forces; however, there appear to be significant and intransigent risks in that sector.

Note: This article mentions suicide

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Retail Violence and OHS Blind Spots: Time to Rethink the Strategy

Occupational health and safety (OHS) is the central theme of this blog, but it is essential to remember that not all workplace health and safety actions are governed by a single set of laws or a single regulatory agency. Safety in the retail sector offers a good example.

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Trust Issues: The EAP Edition

This week, a colleague shared with me some bizarre experiences he had while negotiating with his company’s Employee Assistance Program (EAP) provider for basic data. It reminded me of the EAP role in preventing and managing psychosocial hazards at work. Australia’s psychological health regulations appear to have placed the EAP industry in a state of confusion and transition, which warrants consideration and the perpetual questioning of the effectiveness of EAPs. It may be that the days of the EAP, as traditionally configured, are over.

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Regulations: Addressing Market Failures and the Myth of Free Markets

Recently, Federation Press published a weighty tome written by Arie Freiberg called “Regulation in Australia. 2nd Edition“. For those of you who are legislative junkies and can quote sections of occupational health and safety (OHS) law, you will love this, as it examines the mechanics of regulation, not just those of Industrial Relations or OHS. And there is some powerful context to market failures that often lead to new regulations, a perspective shared with Naomi Oreskes and Erik M Conway in their 2024 book, “The Big Myth“.

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