Category: government

Employers’ continuing “intolerable laxity”

Recently a discussion of occupational health and safety (OHS) in Australia’s construction industry during COVID-19 lockdowns was published. “What’s it going to take? Lessons Learned from COVID-19 and worker mental health in the Australian construction industry” is thankfully “open access” and well worth reading for its strong and controversial OHS recommendations, but it could have paid more attention to the role of the employers or Persons Conducting a Business or Undertaking (PCBU) in applying legislative OHS obligations and how their resistance continues to harm workers.

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Can we move on from HSRs, please?

Occupational health and safety (OHS) needs new thinking. One of the most important elements of successful OHS comes from Consultation – a sensible process and one required by law. A major process for OHS consultation in those laws is through the Health and Safety Representatives (HSRs). This legislative (recommended) option was practical but is now almost an anachronism, yet the OHS regulators continue to support the process because it is in the OHS laws. And few will speak against the process because it is being maintained by the trade union movement as one of the last legacies of political influence over workplace health and safety.

This month Queensland government released its report into the review of its Work Health and Safety laws with these two of the three categories of recommendations:

  • “elevation of the role of health and safety representative (HSR) at the workplace
  • clarification of the rights of HSRs and worker representatives to permit them to effectively perform the role and functions conferred upon them and to remove unnecessary disputation,….”

The absurdity of HSRs’ persistence can be illustrated by the rumour that WorkSafe Victoria will encourage sex workers to follow the HSR consultative process through the OHS guidance expected to be released later this year.

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Ballarat ups the OHS best practice in procurement

Six months ago, trade unions and occupational health and safety (OHS) advocates protested outside the Ballarat Council offices over the awarding of a construction contract to Pipecon, a company that was prosecuted over the deaths of two workers in a trench collapse several years earlier. Last week, the council decided to upgrade its procurement practices to provide further weight to the OHS performance of tenderers. In effect, it established a new level of “best practice” by local councils in Victoria.

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Hits and misses at Melbourne’s worker memorial

For the first time, the International Workers’ Memorial Day in Melbourne, Victoria, occurred in a park without a memorial stone with its anachronist crucifix motif. It was also thankfully sunny. The traditional location for the event in the shadow of Trades Hall was sometimes bitterly cold. The changed location was the most obvious difference to the previous ceremonies. It remains very much a trade union event when it could be so much more inclusive, even if not apolitical.

The absence of the Minister of WorkSafe, Danny Pearson, increased the focus of attention on the CEO of WorkSafe Victoria, Colin Radford. Radford’s speech was curious, with many commitments that are hard to satisfy.

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The cultural impediments to OHS improvement in agriculture need to be confronted

Recently Western Australia concluded its WorkSafe inquiry into the Agricultural Industry. The recommendations for improvements in occupational health and safety (OHS) are remarkably dull as they largely fit with business as usual. It is much more useful to file this as a reference document which offers some safety insights.

The inquiry was established after a spate of farm deaths (Don’t all OHS inquiries come from disasters!?). Most of the terms of reference relate to the collation of data, which, in itself, is an implied criticism of the past OHS Commissioners and governments (and national leadership).

The inquiry report is an excellent analysis of the cultural relationships between farming and OHS regulation, with some brutally honest findings that other States and OHS professionals should heed.

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Work mental health and construction industry negotiations

Australian trade unions are in a difficult position on the matter of workplace mental health. New regulations require employers and, to a lesser extent, workers to act on a positive duty to prevent psychosocial harm. However, how does one achieve the necessary changes without being financially penalised?

Recently, the Victorian Secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), John Setka, granted The Australian newspaper’s Workplace Editor, Ewin Hannan, an exclusive interview (paywalled) in which occupational health and safety (OHS) was discussed.

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Industrial Manslaughter laws for New South Wales? Join the queue

Speculation is occurring about the introduction of Industrial Manslaughter (IM) amendments by the incoming Labor Government in New South Wales. It is likely, as the Australian Labor Party, when in opposition last year, introduced an IM Bill into Parliament. But Industrial Manslaughter laws promise more than they deliver as the push for these laws is based on politics rather than justice or workplace health and safety.

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