What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

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The person in the fashion mask

The Guardian has a very good article (paywalled) about the use of facemasks to prevent exposure to bushfire smoke. The focus is on the fashion end of the personal protective equipment (PPE) so safety gets less attention. This article tries to fill some of those gaps.

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Stories of engineered stone companies moving interstate to avoid safety obligations

In late December 2019, Dr Graeme Edwards provided an update on Australia’s silicosis situation to the Australian Broadcasting Corporation’s PM program in which he mentions the movement of businesses to avoid occupational health (OHS) and safety obligations and duties.

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This year’s bushfires should change the management of outdoor work

Sydney, NSW, Australia – November 20th 2019: Smoke over Sydney due to bush fires on edge of city. Fires have been burning for days and have been described as unprecedented.

Safe Work Australia (SWA) has reminded Australian businesses that they have a formal occupational health and safety (OHS) responsibility for workers exposed to poor air quality. Its guidance provides sound risk considerations for outdoor workers and their managers, but needs further explanation to help businesses reduce the risk in a practical sense.

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Mental health and “workplace disability”

Deutsche Welle‘s regular program “World in Progress” reported on Work in its December 18 2019 edition. It includes discussions of exploitation and trafficking of Nigerian women and South Korean workers being pressured to reluctantly attend work functions. Of particular relevance to the theme of this blog is the last report in the program when workplace psychological health is discussed.

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Workplace hazards outside the window

Alerts on December 7 2019

I am entering the last of my four week’s work on a construction site in Sydney.  In my first week, the city was blanketed with thick smoke from nearby bushfires and all construction sites closed early for a day because the air was deemed hazardous.  That smoke has persisted for all of my time in Sydney.  Last Friday I was on site when the occasional piece of ash fluttered on to me.  The bushfire situation is unprecedented and my experience has shown me that Australia and Australian companies seem to struggle with how to operate in a disaster that will undoubtedly return.

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Sex Work review includes many OHS matters

The Victorian Government has announced a review of the regulations pertaining to sex work. It will include several areas related to occupational health and safety (OHS):

  • Workplace safety including health and safety issues and stigma and discrimination against sex workers
  • Regulatory requirements for operators of commercial sex work businesses
  • And the safety and wellbeing of sex workers, including the experience of violence that arises in the course of sex work and as a consequence of it, and worker advocacy for safety and wellbeing

Consumer Affairs has carriage of the Sex Work laws but the breadth of the review would have been better served if the announcement had been a joint one with the Minister for Workplace Safety and Minister for Health.

This review should offer a real challenge to Victoria’s OHS laws, the OHS profession, consultants, advocates and critics.

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