law – SafetyAtWorkBlog

Confronting Union Thuggery that Undermines Workplace Safety

Militant construction unions in Australia have damaged the relationship between the community and the trade union movement. Although the typical trade union member may be a nurse, a teacher, or a public servant, most would depict a member as a big, aggressive, rude, and domineering man. Australia’s trade union movement is trying to redress this perception, but it cannot progress until it eliminates the unsafe behaviour of the organisers of the Construction Forestry Mining and Energy Union (CFMEU). The Queensland government is set to give reform a red-hot go.

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Sexual Harassment Laws Have Teeth—So Why Aren’t They Biting?

In November 2022, then-Sex Discrimination Commissioner Kate Jenkins explained why sexual harassment in Australian workplaces continues to happen. Basically, she said this was because the sex discrimination laws were reactive to a worker complaint and placed no duty on employers to prevent these types of incidents. But there is more to it than that, and the recent imposition of a positive duty under sex discrimination laws is still not preventing work-related harm.

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Retail Violence and OHS Blind Spots: Time to Rethink the Strategy

Occupational health and safety (OHS) is the central theme of this blog, but it is essential to remember that not all workplace health and safety actions are governed by a single set of laws or a single regulatory agency. Safety in the retail sector offers a good example.

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OHS deserves a seat at Australia’s childcare sex abuse reform table

The community in Melbourne, Australia, has been talking about little else but a sex abuse scandal in the childcare industry. (It makes a difference from talking about beef wellingtons.) The media and the government are announcing and investigating various regulatory and enforcement options to prevent a recurrence. This abuse is a grave concern and not one that was unexpected, as earlier inquiries had identified the risk. The prevention of sexual harm to children has an occupational health and safety (OHS) context that should not be ignored.

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Are EAPs Meeting Modern Workforce Needs?

It is clear from the emails I have received, as well as many of the comments on LinkedIn and other social media platforms, that the modern role of Employee Assistance Programs (EAPs) remains a contentious issue, as discussed below. One of the many issues, young workers’ perceptions of EAP, was addressed by Alena Titterton of Johnson Winter Slattery, who provides an important and different perspective on who uses EAPs:

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Regulations: Addressing Market Failures and the Myth of Free Markets

Recently, Federation Press published a weighty tome written by Arie Freiberg called “Regulation in Australia. 2nd Edition“. For those of you who are legislative junkies and can quote sections of occupational health and safety (OHS) law, you will love this, as it examines the mechanics of regulation, not just those of Industrial Relations or OHS. And there is some powerful context to market failures that often lead to new regulations, a perspective shared with Naomi Oreskes and Erik M Conway in their 2024 book, “The Big Myth“.

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What does Grok say about OHS?

I was lunching at my local market when someone at the same table began chatting with me. The conversation turned to occupational health and safety (OHS). It was refreshing to discuss this with a non-OHS professional and see their surprised reactions to some of the things employers are required to do to create safe and healthy workplaces.

On my walk home, I wanted more perspectives on my thoughts, so I present the first in an occasional series called “What does Grok say….?”

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