justice – Page 5 – SafetyAtWorkBlog

Another attack and death of a remote area nurse

In 2008 a remote area nurse was raped and assaulted in her work-related residence in Mabuiag Island in the Torres Strait. More recently, South Australia had a similar incident – the rape and murder of nurse Gayle Woodford while working on-call alone. Both have resulted in inquiries by Coroners, Departments of Health and others, with similar outcomes, primarily that these incidents could have been prevented.

The recent outrage around Woodford’s death was that SafeWorkSA investigated and decided not to proceed with a prosecution of her employer Nganampa Health Council (NHC). The Coroner had already investigated Woodford’s death and found significant deficiencies in the NHC’s management systems and practices. Understandably questions have been asked in the South Australian Parliament, questions that raise important occupational health and safety (OHS) issues.

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Two steps forward and one back

Employers are less criticised about their workplace health and safety performance than the government, even though it is employers who have the primary duty of care for their workers’ occupational health and safety (OHS). The Federal (conservative) government and Prime Minister remind us regularly that the responsibility for OHS sits in the State and Territory jurisdictions. No one seems to accept their own responsibilities for OHS, so it is little surprise that worker health and safety has no effective national coordination.

Recently the Australian Council of Trade Unions (ACTU) released an OHS report entitled “Morrison Missing in Action on Work Health and Safety“. It is also looking in the wrong direction. Of course, the Prime Minister is missing in action – employers have the primary duty of care, which local jurisdictions enforce.

Although this document has good OHS information, references and statistics, it is primarily part of the current federal election campaign, reporting information that the politicians mostly already know.

Confrontation with PM involves workers’ compensation

Last week Australian media covered a confrontation between Prime Minister Scott Morrison and a pensioner, Ray, in Newcastle. Most of the coverage focused on Ray’s criticism of the commitments of the Morrison Government to support and reward those citizens willing to “have go”. The full 5-minute video provides a much better context to the man’s complaints than do the short edits on most media bulletins. That context seems to include concerns about workers’ compensation and the processes of the Dust and Diseases Board .

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Is Ken Phillips shooting the messenger and missing the real reform target?

Ken Phillips of Self-Employed Australia is continuing his pursuit of Victorian politicians for breaches of the occupational health and safety (OHS) laws after the failure of the State’s Hotel Quarantine Program that led to the deaths of some Victorians from COVID-19. He has supporters in some of the mainstream media and was recently interviewed by Peta Credlin on Sky but perhaps the clearest explanation of his aims is in an interview with George Donikian on The Informer in May 2021. Just recently, Phillips obtained an update from WorkSafe Victoria and has been doing the media rounds again.

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Industrial Manslaughter or Category 1. Which prevents harm more effectively?

The Communique issued after the May 20, 2021 meeting of the Work Health and Safety (WHS) Ministers says that Australia is not likely to apply an Industrial Manslaughter law nationally:

“While the Northern Territory, Queensland, Western Australia, the Australian Capital Territory and Victoria provided their support for an industrial manslaughter offence, the recommendation did not receive the required majority.”

Some people think that this is no real failure as the Communique also includes “defacto ‘industrial manslaughter’ laws”. Here is the quote that supports that position:

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Selective duty of care being applied by the Australian Government – from the archive

Yesterday’s article on Comcare’s recent charging of two organisation over workplace-related harm to others generated so much interest that I have (re)published an article from 2016 that analysed an earlier, similar issue. Please also read the comments below and consider adding your own.

Australia’s work health and safety (WHS) laws confirmed the modern approach to workplace safety legislation and compliance where workers and businesses are responsible for their own safety and the safety of others who may be affected by the work. The obligations to others existed before the latest WHS law reforms, but it was not widely enforced. The Grocon wall collapse in Victoria and the redefinition of a workplace in many Australian jurisdictions through the OHS harmonisation program gave the obligation more prominence but has also caused very uncomfortable challenges for the Australian government – challenges that affect how occupational health and safety is applied in Australian jurisdictions.

‘No Bystanders Rule’ Bullshit

Guest Post by Dr Rebecca Michalak

About couple of weeks ago, the Australian Financial Review (AFR) featured a piece on a law firm that had introduced a mandatory approach to reporting sexual harassment – referred to as a ‘no bystanders’ rule.

To be clear upfront, here is my disclaimer – I am not directly commenting on the law firm in question; there isn’t enough information in the articles to make any objective judgements on that front. The references used from the two media pieces are for illustrative purposes only. Call them ‘conversation starters.’

In the AFR piece, the contractual obligation was outlined to involve:

“…chang(ing) ‘should’ (report) to ‘must’ – so any staff member who experiences, witnesses, or becomes aware of sexual harassment must report it,”

with the affiliated claim being,

“That shift really reinforces that there is zero tolerance – and there are no confidences to be kept; it needs to be outed – bystanders [staying silent] will no longer be tolerated.“

Category: justice

Another attack and death of a remote area nurse

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Two steps forward and one back

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Confrontation with PM involves workers’ compensation

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Is Ken Phillips shooting the messenger and missing the real reform target?

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Industrial Manslaughter or Category 1. Which prevents harm more effectively?

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Selective duty of care being applied by the Australian Government – from the archive

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‘No Bystanders Rule’ Bullshit

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