government – Page 24 – SafetyAtWorkBlog

Inspired by OHS but ignoring the shortcomings

A new Australian book has been structured around a “new work relations architecture“. Amazingly, a whole chapter is devoted to the role of occupational health and safety (OHS) in this new structure.

This chapter is written by prominent law academic Ron McCallum AO, offers a good summary of OHS laws and identifies the challenges to those laws in the near future, but its discussion is more reserved than it could be.

McCallum sticks to the suitability of the Robens model of OHS laws which McCallum describes as a type of “managed decentralism”. He highlights challenges to the laws and their operations that will be familiar to readers:

climate change
gig work
working from home

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2022 review indicates the amount of OHS work needed in 2023

The end-of-year reviews are starting to emerge from Australia’s law firms. The most recent release is from Maddocks, who have released several short reports on occupational health and safety (OHS) hazards and suggested controls for employers to apply. So this is a year-in-review for 2022, but it is also a forecast of what needs to be changed in 2023.

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Other OHS politics you might have missed

November 2022 was a very busy month of politics (and a football World Cup) which distracted many of us from our usual monitoring of OHS announcements. Below is a summary of some of those from the last couple of weeks.

The South Australian Parliament has sent its Work Health and Safety (Crystalline Silica Dust) Amendment Bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for inquiry and report.

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Engineering controls are possible, and they save lives

The issue of quad bike safety has largely disappeared from the mainstream media. This is largely due to the decline in opposition to installing Crush Protection Devices (CPD) on newly-purchased quad bikes in line with the Australian Competition and Consumer Commission (ACCC) mandated safety standards. On November 24 2022, the ACCC released statistics that showed the success of applying an Engineering Control (the CPDs) favoured by the safety advocates over the Administrative Controls (training, signage and dynamic riding) favoured by the manufacturers and their lobbyists.

The quad bike safety saga in Australia, in particular, is a textbook study of farm politics, globalisation, belligerence, the ownership of evidence, the macho culture of independence, manipulation of consumers, ineffective politics, ineffective occupational health and safety (OHS) arguments, the power of money and more. (There’s an important book challenge to anyone who has the time and the resources)

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The bubble has burst. Bring on the next one.

The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.

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OHS legal changes you might have missed

If you needed confirmation that the mainstream media is disinterested in occupational health and safety (OHS) unless there is a disaster or the incident can be narrowly categorised as sexual harassment, bullying or suicide, last week, the Australian Parliament passed important amendments to the Model Work Health and Safety laws. It seems OHS cannot compete with sexual harassment laws (I’m okay with that) or Industrial Relations (or Australia’s wins in the World Cup).

On December 1 2022, Workplace Relations Minister Tony Burke‘s Second Reading Speech included the removal of insurance policies that could pay for financial penalties awarded against OHS breaches and a pledge to put Industrial manslaughter back on the national agenda.

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When a ban is an understandable stunt

Australia has yet to offer a good reason for hazardous engineered stone products not being banned from import and use. On November 23 2022, Australia’s most influential construction union, the CFMEU, stated that it would ban these products from mid-2024 if the Federal Government does not. Trade unions no longer have the level of influence or numbers to achieve these sorts of bans. As with asbestos many years ago, such campaigns risk taking more credit for the potential occupational safety and health reforms than they deserve.

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