harassment – SafetyAtWorkBlog

What We Lose When NDAs Win

Non-disclosure agreements (NDAs) are a contentious device used by lawyers, often as part of the settlement of a legal dispute. These came to the fore in the context of sexual harassment several years ago. The Victorian government has proposed a bill to Parliament that, according to the Australian Financial Review (AFR), will increase transparency. This should assist in determining changes to work processes that are as low as is reasonably practicable.

NDAs have been an insidious tool, especially in relation to sexual harassment at work.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Why do we need a “positive duty” to prevent harm?

In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational health and safety (OHS) legislation has had its positive duty to prevent work-related harm since 1985. So why this current push for positive duties?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

WorkSafe Victoria’s Wake Up Call on Psychosocial Hazards

WorkSafe Victoria has just concluded a Safe Work Month webinar on psychosocial hazards and psychological risks, attended by around 14,000. The content was familiar to anyone who has been following the development of Victoria’s new occupational health and safety (OHS) over the last four years, but it was an important communications opportunity for WorkSafe with useful insight into employers’ perspectives on mental health at work.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Culture is the New Compliance in Victoria’s Psychological Health Code

The most significant challenges for employers in Victoria’s new OHS (Psychological Health) Regulations, supported by a new Compliance Code, are likely to be fostering a strong workplace safety culture. Occupational health and safety (OHS) advocates have been emphasising the importance of culture for several decades now (Sociologists examined it decades before). It appears that we will be hearing a great deal more about culture for some time to come, but what is expected of employers?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Polishing What Exists: Making Sense of the New Psych Safety Code

Prominent occupational health and safety (OHS) lawyers Dale McQualter and Catherine Dunlop have just concluded the first of two online seminars about Victoria’s new psychological/psychosocial regulations and compliance code. Many employers will have a lot of work to do to comply, but the overall sense was one of reassurance.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

If you think psychosocial hazards are a nonsense, learn about Brodie Panlock

Next year marks the 20th anniversary of the death of Brodie Panlock. I have been thinking of her a lot over the last few months as Victorian employers (finally) start to seriously consider their legislative obligations to provide a mentally safe and healthy work environment. I wonder whether the new psychosocial safety regulations had been in place in 2005-06, Brodie Panlock would have lived.

[Note: This article discusses issues related to suicide.]

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

When Jurisdiction Blocks Safety Justice for Learner Drivers

Australia’s efforts to enhance the health and safety of its workers are hindered by the constitutional framework, which assigns responsibility for occupational health and safety (OHS) to local jurisdictions.

Recent comments by a Federal Minister on sexual harassment illustrate this dilemma, which is not restricted to OHS.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here