Category: law

What are the most substantial impediments to improving the health and safety of workers?

This is the second in a possible series of articles based on an artificial intelligence analysis of decades of audio interviews and recordings with occupational health and safety professionals, academics, lawyers and more used for this blog and my other writings. This time, I asked:

What are the most substantial impediments to improving the health and safety of workers?

Several substantial impediments to improving worker health and safety emerge from the conversations:

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Culture of Compliance and the Fair Work Ombudsman

On the morning of day one of the Australian Labor Law Association (ALLA) National Conference, the Fair Work Ombudsman, Anna Booth, mentioned a “culture of compliance.”

She explained the culture of compliance by revealing data in several industry sectors about significant non-compliance based on the activities of the Fair Work Ombudsman inspectors. So, it’s perhaps more important to talk about a non-compliance culture rather than a compliance culture.

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Publicity about the right to disconnect was “overblown”

Recently, the “right to disconnect” gained some prominence in Australia. This right, now legislated, allows employees and workers to choose not to respond to employer communications outside of contracted working hours. This was part of recognising that time away from work allows one to focus on non-work matters like family, socialising, mental relaxation, and more.

According to much mainstream media and the statements and lobbying of various business associations, the sky would fall (a phrase that appears with any proposed change that business groups do not like). A significant change has not happened, and the sky has not fallen. At a recent labour law conference, Fair Work Commission President Adam Hatcher described the publicity as overblown.

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ALLA and sexual harassment

To understand one’s profession, one must find out how others see it. You may think your actions are vital to the world’s survival, but if others think you are full of shit, you need to revise your strategy. Occupational health and safety (OHS) has a strong sense of its importance but is often seen by others as a nuisance, even when acknowledging its legitimacy.

The Australian Labour Law Association (ALLA) recently held its national conference in Geelong, Victoria. The conference was a curious beast.

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Two very different Safe Work Month events

In the last week of October 2024, which is Australia’s National Safe Work Month, WorkSafe Victoria held two notable webinars: “Addressing and improving health and safety issues in the workplace” and ” Prevent and manage psychosocial hazards in the workplace.” The themes were occupational health and safety (OHS), but the webinars differed greatly in content and presentation.

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Many employers remain unaware of positive duties to prevent sexual harassment at work

A new report on sexual harassment at work by Ourwatch has been reported on by the Australian Broadcasting Corporation (ABC). The report says:

“…. found 40 per cent of workplace leaders surveyed were unaware of their new legal obligations to prevent workplace sexual harassment.”

Given that the core legislative obligation to prevent sexual harassment is over 40 years old, perhaps better questions could have been asked.

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“If you don’t sound the alarm, who will?” Matt Peacock and work health and safety

Prominent investigative journalist, Matt Peacock, has died from pancreative cancer. Few of us are lucky enough to save people’s lives, some of us change the world. Matt did both. He was never an occupational health and safety (OHS) specialist but his impact on the world of work, especially in Australia was profound and, probably, unmatched.

In 2019, I was helping the (then) Safety Institute of Australia with its conferences. I approached Matt to speak at the 2019 national conference dinner in Sydney, hoping he would be provocative. (Here is an article from that time) He shocked many in the audience when saying:

“..my message tonight is that if you were all doing your jobs properly, then I wouldn’t have had anything to report on in the first place.”

He did not let up on his challenging criticism that night. Below is the full transcript of his presentation, available for the first time.

Kevin Jones

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