Publicity about the right to disconnect was “overblown”

Recently, the “right to disconnect” gained some prominence in Australia. This right, now legislated, allows employees and workers to choose not to respond to employer communications outside of contracted working hours. This was part of recognising that time away from work allows one to focus on non-work matters like family, socialising, mental relaxation, and more.

According to much mainstream media and the statements and lobbying of various business associations, the sky would fall (a phrase that appears with any proposed change that business groups do not like). A significant change has not happened, and the sky has not fallen. At a recent labour law conference, Fair Work Commission President Adam Hatcher described the publicity as overblown.

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ALLA and sexual harassment

To understand one’s profession, one must find out how others see it. You may think your actions are vital to the world’s survival, but if others think you are full of shit, you need to revise your strategy. Occupational health and safety (OHS) has a strong sense of its importance but is often seen by others as a nuisance, even when acknowledging its legitimacy.

The Australian Labour Law Association (ALLA) recently held its national conference in Geelong, Victoria. The conference was a curious beast.

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Two very different Safe Work Month events

In the last week of October 2024, which is Australia’s National Safe Work Month, WorkSafe Victoria held two notable webinars: “Addressing and improving health and safety issues in the workplace” and ” Prevent and manage psychosocial hazards in the workplace.” The themes were occupational health and safety (OHS), but the webinars differed greatly in content and presentation.

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“If you don’t sound the alarm, who will?” Matt Peacock and work health and safety

Prominent investigative journalist, Matt Peacock, has died from pancreative cancer. Few of us are lucky enough to save people’s lives, some of us change the world. Matt did both. He was never an occupational health and safety (OHS) specialist but his impact on the world of work, especially in Australia was profound and, probably, unmatched.

In 2019, I was helping the (then) Safety Institute of Australia with its conferences. I approached Matt to speak at the 2019 national conference dinner in Sydney, hoping he would be provocative. (Here is an article from that time) He shocked many in the audience when saying:

“..my message tonight is that if you were all doing your jobs properly, then I wouldn’t have had anything to report on in the first place.”

He did not let up on his challenging criticism that night. Below is the full transcript of his presentation, available for the first time.

Kevin Jones

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Improvement notice issued after psychological trauma notification

Psychological injuries that happen at work or are caused by work may need to be notified to occupational health and safety (OHS) regulators in some Australian jurisdictions. Recently, an organisation associated with prominent Australian businessman Andrew Forrest underwent the notification experience and received an improvement notice.

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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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