hazards – Page 6 – SafetyAtWorkBlog

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?

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Denmark and Australia Compared on Psychosocial Safety

Niru Tyagi recently wrote on LinkedIn about Denmark’s regulatory approach to work-related psychosocial hazards, comparing it the current Australian approach, framing Denmark as creating an industrial obligation. It is a perceptive comparison but downplays the significance in Australia of the criterion of reasonably practicable.

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Are emotion and anger also types of energy?

One of my previous employers was highly committed to occupational health and safety (OHS), but always gave the program, the schedule or utilisation a higher priority. Whether that was a justifiable compliance level was of little concern, as long as the auditors recertified the OHS management systems. The company realised their approach to OHS was not working, so it turned its focus on “critical risks”, which were, bluntly, anything that would kill you. But such was the strength of the culture that even this focus on critical risks failed to cut through and give OHS the respect that it legislatively deserves.

Matthew Hallowell‘s latest book, “Energy-Based Safety – A Scientific Approach to Preventing Serious Injuries and Fatalities (SIFs)“, discusses this focus on critical risks.

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From Clutter to Clarity and Evidence at RMIT’s SHINe Symposium

Just over a week ago, RMIT University’s research funding program, SHINe, conducted its inaugural symposium. This symposium was both new and fascinating. It was overbooked with a considerable weight list, I think, because of the international safety research guests, but the fact that an event in Safe Work Month was free might have helped. The research by the Construction Safety Research Alliance (CSRA) for the United States was a highlight.

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When Leadership Fails the Soul

Dean Yates is a prominent Australian speaker on the issue of moral injury. Yesterday, at a WorkSafe Tasmania seminar, Yates brought the 250 attendees up to date on the status of moral injury and its occupational context. Although this seminar was a Safe Work Month event, Yates’ information requires some thought to fit with the occupational health and safety (OHS) and psychological hazards contexts.

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Ministerial Evasion and the Politics of Workplace Safety

Further to last week’s article about occupational health and safety (OHS) in horse racing, Minister Pettersson provided clarification to the ACT Parliament, sort of.

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OHS Law Was Meant to Empower, Not Excuse

Australian occupational health and safety (OHS) laws require employers to be compliant with their OHS duties, but also allow the flexibility for employers to determine their own level of compliance. This has complicated OHS because employers can never be sure that they are in compliance. Compliance and non-compliance are usually determined accurately through the courts after legal action by the OHS regulatory agency and after a workplace incident. This uncertainty is compounded for small business owners who just want to be told what to do to be compliant.

Perhaps the most challenged industry sector is farming, which cannot avoid the uncertainty that the OHS laws provide. This uncertainty is one that highly-resourced employers are proud to claim as a well-fought-for benefit, namely, flexibility, but it is more of a problem for isolated rural workplaces and small businesses.

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