Category: government

From mindful back to careful

It seems that being “mindful” is now more commonly advocated than being careful. “Mindful” has become the equivalent of “careful”, but these words have different meanings and are not interchangeable. Occupational health and safety (OHS) laws impose a Duty of Care, not a Duty of Mind.

Much of the social media discussion on Mindful vs Careful seems to originate from parental sites or well-being advocates. One example can be found here in a discussion of a child’s reaction to each of these words.

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Calling something an accident hides the truth

Jessie Singer published her book called “There Are No Accidents” last year. It is a pivotal book about safety and our understanding of the social and legal impacts of calling tragic events “accidents”. On June 13 2023, Singer spoke on Carnegie Council’s From Another Angle podcast about her book and the consequences of its publication.

“Accident” is less used in modern media descriptions of incidents involving serious injuries and fatalities than in the past. The term implies an unavoidable consequence or undeterminable cause of a tragic event. The traditional use absolves anyone of responsibility or accountability and, consequently, stymies the deep analysis of causes required if such incidents are to be prevented in the future. The term is the antithesis of occupational health and safety (OHS) approaches which should always start from the aim of harm prevention.

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Comfortable comfort at Truck Drivers’ Memorial

Recently the annual Truck Drivers’ Memorial was held at Alexandra in Central Victoria. Worksafe Victoria’s Executive Director of Health and Safety, Dr Narelle Beer (pictured above at the memorial), spoke at the event. Her presence was welcome and important, for it reinforces the occupational health and safety (OHS) regulators’ commitment to the safety of truck drivers and not just to the risks associated with the loads there are carting.

Dr Beer said little that was new, but that is okay, as WorkSafe’s presence at workers’ memorials is about reassurance and remembrance. There were elements of her speech that should be noted by employers, and that also illustrate the difficult enforcement position of such organisations.

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When “hard work” often means unsafe work

Currently, many large Australian business groups are lobbying the federal government over its plans to introduce legislation to ensure that workers achieve the same pay rate for doing the same job as others. A feature of the full-page advertisement in the newspapers is that people should be able to receive more money or a higher rate of pay if they “work hard”. This phrase is never explained but may have implications for occupational health and safety (OHS).

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Commitment Interruptus on engineered stone

Trade unionists in the United Kingdom have a similar battle over the safe exposure limits to silica dust that Australia “resolved” a few years ago. It should not be long before the UK pushes for a ban on the import of engineered stone or starts arguing over the safety of the product when silica content is reduced to 40%.

Some recent parliamentary argy-bargy in Australia over the cutting of engineered stone was illustrative of some of the issues and lobbying.

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OHS and exploitation

Work-related harm is often generated by exploitation, but exploitation is a term rarely used by the occupational health and safety (OHS) profession. If it was, the OHS approach to harm prevention may be very different, especially now that a safe and healthy working environment is a fundamental right.

Perhaps the omission of exploitation is not that surprising. It is often seen through the lens of industrial relations, and a flexible demarcation often exists between IR and OHS. It is important to note that the International Labour Organisation’s Glossary of OSH terms also fails to include exploitation though it is from 1993.

However, a recent report from the Grattan Institute, Short-changed: How to stop the exploitation of migrant workers in Australia, does discuss workplace health and safety as an element of worker exploitation.

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Chalk and Cheese – legal seminars on mental health at work

Over the last few months, various seminars from law firms and others have focussed on how to comply with new and impending occupational health and safety regulations related to psychosocial hazards at work. Over the last fortnight, I attended two such seminars; they were as different as chalk and cheese, even though both had strong voices from lawyers, illustrating the sources of some of the confusion over the issue felt by some employers.

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