law – SafetyAtWorkBlog

Chalk and Cheese – legal seminars on mental health at work

Over the last few months, various seminars from law firms and others have focussed on how to comply with new and impending occupational health and safety regulations related to psychosocial hazards at work. Over the last fortnight, I attended two such seminars; they were as different as chalk and cheese, even though both had strong voices from lawyers, illustrating the sources of some of the confusion over the issue felt by some employers.

Now “we need a systemic reform to the mental health system”. We always did

[This article discusses suicide.]

The tide seems to be turning in approaches to the prevention of suicides in Australia. Recently the CEO of Suicide Prevention Australia, Nieves Murray, concluded a radio interview with some advice that relates directly to workplace suicides.

OHS and the weekend newspapers – 1

This is the first of, hopefully, many articles about what some of the weekend newspapers and media say about issues related to occupy national health and safety (OHS). It will not be comprehensive but short takes on what I see in the newspapers.

[Note, the article below mentions suicide and workplace bullying]

Workload and Suicide

It has been a year since an employee of the Victorian Building Authority, Rob Karkut, died by suicide. According to The Age (May 13, 2023, [paywalled] his suicide occurred:

“…amid intense pressure from the authority’s managers to meet ambitious inspection targets. A litany of failings within the organisation have been exposed since his death.”

Employers’ continuing “intolerable laxity”

Recently a discussion of occupational health and safety (OHS) in Australia’s construction industry during COVID-19 lockdowns was published. “What’s it going to take? Lessons Learned from COVID-19 and worker mental health in the Australian construction industry” is thankfully “open access” and well worth reading for its strong and controversial OHS recommendations, but it could have paid more attention to the role of the employers or Persons Conducting a Business or Undertaking (PCBU) in applying legislative OHS obligations and how their resistance continues to harm workers.

Can we move on from HSRs, please?

Occupational health and safety (OHS) needs new thinking. One of the most important elements of successful OHS comes from Consultation – a sensible process and one required by law. A major process for OHS consultation in those laws is through the Health and Safety Representatives (HSRs). This legislative (recommended) option was practical but is now almost an anachronism, yet the OHS regulators continue to support the process because it is in the OHS laws. And few will speak against the process because it is being maintained by the trade union movement as one of the last legacies of political influence over workplace health and safety.

This month Queensland government released its report into the review of its Work Health and Safety laws with these two of the three categories of recommendations:

“elevation of the role of health and safety representative (HSR) at the workplace

clarification of the rights of HSRs and worker representatives to permit them to effectively perform the role and functions conferred upon them and to remove unnecessary disputation,….”

The absurdity of HSRs’ persistence can be illustrated by the rumour that WorkSafe Victoria will encourage sex workers to follow the HSR consultative process through the OHS guidance expected to be released later this year.

Ballarat ups the OHS best practice in procurement

Six months ago, trade unions and occupational health and safety (OHS) advocates protested outside the Ballarat Council offices over the awarding of a construction contract to Pipecon, a company that was prosecuted over the deaths of two workers in a trench collapse several years earlier. Last week, the council decided to upgrade its procurement practices to provide further weight to the OHS performance of tenderers. In effect, it established a new level of “best practice” by local councils in Victoria.

The continuation of engineered stone can no longer be supported

The Housing Industry Association (HIA) is an effective government lobbyist for its members who can be relied on to make a submission to whatever opportunity the governments offer. The HIA does not provide details of membership numbers or names, but it does list its sponsors and partners. Recently HIA made a submission on “the prohibition on the use of engineered stone”. Its position held few surprises.

Perhaps also unsurprising is Kate Cole’s justification for a ban on engineered stone.

Category: law

Chalk and Cheese – legal seminars on mental health at work

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Now “we need a systemic reform to the mental health system”. We always did

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Employers’ continuing “intolerable laxity”

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Can we move on from HSRs, please?

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Ballarat ups the OHS best practice in procurement

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The continuation of engineered stone can no longer be supported

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Workload and Suicide

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