Category: government

More clarity on what is reasonably practicable

Reasonably practicable control measures are most often determined by the courts during a prosecution.  Every other determination of reasonably practicable in occupational health and safety (OHS) compliance is an educated guess by employers.  However, this does not always have to be the case, as a short excerpt from the Annual Report of New Zealand’s Ombudsman illustrates.

Pages 52 and 53 summarise a complaint made to the Chief Ombudsman questioning WorkSafeNZ’s handling of an investigation into a:

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If it cannot be done safely, it should not be done at all

“If it cannot be done safely, it should not be done at all.” I have heard this phrase repeatedly over the last 12 months in particular. It is a truth, but it also avoids all of the flexibility our occupational health and safety (OHS) laws, institutions and interpretations have allowed for decades. Perhaps our tolerance of this flexibility is fading.

I was reminded of the quote above when reading an article (paywalled) in The Times on October 17, 2024, written by Will Humphries titled “Army sexual harassment: ‘People wouldn’t join if they knew the truth’”.

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Plenty of what and how with a little bit of why

Psychosocial hazards are gaining attention online, but the pace of change remains sloth-like. Two recent online events provide good, basic occupational health and safety (OHS) and organisational psychology information and some insight into the slow pace.

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Learn about OHS through alternative perspectives

On the iconic discount table in Readings Carlton bookshop is one of the most interesting occupational health and safety (OHS) books – The Careless State by a Professor of Political Science at Melbourne University, Mark Considine. This book was not written by an OHS specialist with all the associated ideological and philosophical baggage. And really, it is mainly one chapter that justifies the description “Worker’s Health and Safety.”

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HWSA’s manual handling challenge

Recently, Australia’s Heads of Workplace Safety Authorities (HWSA) produced a position paper that said:

“‘How to lift’ training programs do not reduce the incidence of musculoskeletal disorders. Despite this, a recent survey found that almost 80 percent of employers had provided ‘how to lift’ training to their workers in the past two years…

Providing ‘how to lift’ training does not prevent work-related musculoskeletal disorders. ‘How to lift’ training does not change any of the hazardous manual task risk factors that workers are exposed to, nor does it address the source/s of the musculoskeletal disorder risk…”

This is a further example of employers being sucked into occupational health and safety (OHS) related programs that do not work. Wellness has been seriously questioned, gym ball seating, back belts… and more. However, it seems that research is less of a challenge than communication.

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“Does my business comply with the OHS/WHS law?”

Employers struggle to know if their businesses comply with the local occupational health and safety (OHS) or work health and safety (WHS) laws. They always have and, likely, always will. Employers are hungry for certainty and are often annoyed with OHS advisers who refuse to give a definitive answer to the question in this article’s title.

In the 1990s, particularly in Victoria, there was almost a frenzy for a simple audit tool developed through WorkSafe Victoria called SafetyMAP. It disappeared well over a decade ago, but my Goddess, it was popular, and small business operators especially wanted it. Even when its effectiveness was questionable.

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Positive duties everywhere

One area where human resources (HR) and occupational health and safety (OHS) do not overlap in practice is diversity, equity, and inclusion (DEI), but they should. OHS cannot operate without effective consultation, and part of that effectiveness comes from a diversity of information, respectful conversations, and the inclusion of sometimes uncomfortable perspectives or truths.

Recently, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) published a guideline on race discrimination in the workplace, which illustrated the need for HR and OHS to begin talking (and listening to) the same language.

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