insurance – Page 2 – SafetyAtWorkBlog

Getting the (political) balance right

One can never accuse politicians of deep or systems thinking on the issues and policies for which they are responsible. Victoria’s Minister for WorkSafe, Danny Pearson, spoke at a press conference on March 6, 2023, about the viability of the workers’ compensation systems, which he described as broken, during a substantial increase in claims for workplace mental injury. Premier Dan Andrews has spoken of this matter since and with a similar perspective – politics rather than occupational health and safety (OHS).

How this issue develops over the next month may determine who speaks for the government at the April 28 Workers Memorial event.

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Plenty of sparkle but little spark

The latest awards night for WorkSafe Victoria achieved its scope – present awards for people and organisations who do occupational health and safety (OHS) well. Some categories are for extraordinary effort, achievements or innovation, and winning any award from WorkSafe is important to the winners, but some were flat.

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Give me a young worker, and I can make them safer for life*

Trade union membership in Australia has declined to its lowest level ever of 12.5%, according to an article in The Age newspaper (paywalled) on January 6 2023. The experts mention several demographic factors that have resulted in the persistent decline. Even though trade unionists publicly state that worker health and safety is often their top priority, they never seem to use occupational health safety (OHS) in their marketing of union membership.

This article does not suggest that OHS be bastardised for commercial purposes or that the primary responsibility for safe work does not reside with the employer. Still, union membership may be purchased for a young worker, in particular, perhaps by parents or concerned relatives to assist in keeping their loved ones safe at work.

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Worker’s compensation explained in new social welfare book

Occupational health and safety (OHS) is an integral element of social welfare, even though the practitioners of the discipline self-silo. A new Australian book about Australia’s social services uses workers’ compensation and OHS as a case study for a change.

“The Careless State – Reforming Australia’s Social Services” by Mark Considine illustrates the Venn Diagram overlap of public health services, the National Disability Insurance Scheme (NDIS), aged care services, workplace safety and compensation and more. The book is very timely, as many of the social services essential for social harmony and justice have been neglected over the last decade under various State and Federal conservative governments.

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OHS legal changes you might have missed

If you needed confirmation that the mainstream media is disinterested in occupational health and safety (OHS) unless there is a disaster or the incident can be narrowly categorised as sexual harassment, bullying or suicide, last week, the Australian Parliament passed important amendments to the Model Work Health and Safety laws. It seems OHS cannot compete with sexual harassment laws (I’m okay with that) or Industrial Relations (or Australia’s wins in the World Cup).

On December 1 2022, Workplace Relations Minister Tony Burke‘s Second Reading Speech included the removal of insurance policies that could pay for financial penalties awarded against OHS breaches and a pledge to put Industrial manslaughter back on the national agenda.

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Industrial Manslaughter presents an empty hook

New South Wales’ Opposition Minister for Industrial Relations, Adam Searle, spoke recently in support of the introduction of Industrial Manslaughter (IM) laws. In Parliament on May 5 2021, he said

“… legislation is required to enable the prosecution of industrial manslaughter and to fundamentally change the approach across industry in order to raise the standard and embed a culture of workplace safety of a much higher and more stringent nature. We need a culture that supports workplace safety in our State, not a culture, as I indicated before, that allows and encourages the cutting of corners and the fostering of unsafe workplaces…..
page 43, Hansard,

Legislation can achieve many things but not by itself, and that reality often makes such penalties like Industrial Manslaughter little more than symbolic.

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Give Duty of Care and Workers’ Compensation a good shake

At the2020 Australia and New Zealand Society of Occupational Medicine (ANZSOM) annual scientific meeting, Dr David Goddard spoke about “Regulation: when expectations go unmet”. In a wide-ranging presentation Goddard spoke of Australia’s occupational health and safety (OHS) laws touching on a couple of contentious governance issues:

“…… Robens-inspired law introduced the employers’ general duty of care with responsibility for self-regulation. Indeed, self-regulation is essential. Without self-regulation, duty of care simply becomes a game of who to blame if things go wrong.”

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