Category: due diligence

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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Flogging the banks could help safety

Australia’s Royal Commission into banking and financial services is a few months in and the evidence provided of wrongdoing is so substantial that those who were critical of the need for such an investigation are admitting they were wrong.

SafetyAtWorkBlog is applying the logic that occupational health and safety (OHS) succeeds best when it is part of the organisational culture.  Australia has often held its banking and financial services as “world-class” and many of that industry sector’s leaders have been prominent in speaking about the importance of leadership and corporate morality.

The financial and banking industry’s credibility and authority in Australia is gone and the OHS profession can learn much from this failure, even when the failure is in its early stages of exposure.

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First WHS Review submission released is hard work but useful

The Minerals Council of Australia (MCA) has released its submission to the Independent Review of Work Health and Safety Laws.  It is a good example of the business-speak that can erode the effectiveness of clear communication, but the submission is still revealing.  Here is an example from its Executive Summary:

“A nationally-consistent, risk-based preventative Work Health and Safety (WHS) regulatory system, supported by industry-specific regulation, would deliver benefits based on greater certainty, consistency and efficiency. It would also help to ensure that compliance challenges do not detract from the practical tasks of identifying, managing and minimising risk and the continuous improvement of safety and health outcomes by companies.” (Page 3)

So, the MCA wants national occupational health and safety (OHS) laws?

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iWitnessed tool holds promise for workplace safety

On April 3, 2018, the University of Sydney launched a new app

”to assist victims and witnesses record information in a way that can help with convictions and prevent miscarriages of justice”.

This immediately sparked my interest in using the app as a record of workplace incidents.

iWitnessed is intended as a tool to assist a person’s memory when confronted by an incident or a traumatic event.  The app steps you through the basic evidence-gathering questions of what happened, where, when, who was injured etc.  

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Quick and dirty summary of new OHS management Standard

I really enjoyed presenting at the Central Safety Group’s monthly meeting yesterday*.  (Taught me not to use slide presentations if you can avoid it.). Here is a brief summary of my take on the new international Standard for OHS Management Systems – ISO45001 – that I shared with the group members. Continue reading “Quick and dirty summary of new OHS management Standard”

5 top OHS issues for 2018

The annual Safety Institute of Australia (SIA) breakfast was held in conjunction with Herbert Smith Freehills (HSF) law firm on 21 February 2018.  This year the audience heard from two representatives of WorkSafe Victoria – Marnie Williams, the Executive Director and Paul Fowler, the Director of the Enforcement Group.

The WorkSafe presentations were interesting but included what was largely expected – an introduction to the recent Independent Review report and a reiteration of the WorkSafe Strategy 2030.   (More on WorkSafe’s presentation in the next article)

Some of the more thought-provoking content came from HSF’s Steve Bell.  He presented several issues and perspectives for consideration.

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