It is a common response by businesses and governments to respond to an incident or an issue by imposing a new level of control. Over time, this leads to confusion, clutter and a perception that action is more complex than it could be. Responses to work-related suicide are a good example of this and the recent announcement by the Australian Government of a permanent National Commission into veteran suicides is the latest, but it needs to be more than what has gone before.
Category: law
What of Victoria’s Industrial Manslaughter laws in 2020?

The coronavirus pandemic may have disrupted plans for International Workers Memorial Day, but it also has taken some of the sting out of the activation of Victoria’s Industrial Manslaughter (IM) laws on July 1 2020.
Employer rights and OHS

On March 24, 2020, Michael Bradley, a lawyer with Marque Lawyers, wrote about the pressures on employers presented by COVID19 and government restrictions. Bradley touched on occupational health and safety (OHS) but needed to go deeper.
Possible replacements for Safe Work Method Statements
Could improving the situational awareness of workers replace Safe Work Method Statements?

Many Australian occupational health and safety (OHS) professionals rally against the dominance of Safe Work Method Statements (SWMS). The application of SWMS beyond the legislated high-risk construction work parameters increases the amount of safety clutter and misrepresents OHS as being able to be satisfied by a, predominantly, tick-and-flick exercise. But critics of SWMS are rarely pushed on what, if anything, should replace SWMS? SafetyAtWorkBlog asked some experts and looked closer at the issue.
“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament:
“The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where it is not reasonable to eliminate a risk, employers will be required to reduce the risks to the lowest level reasonably practicable. Practical risk management does not require employers to go to extraordinary, unrealistic lengths, and never has. Rather, it requires the management of risks that are likely to affect health and safety over which the duty holder has a level of control. This is what the Government has always said, and it has always been Government policy. This is what it intends to enshrine in legislation to give greater certainty to both employers and employees.”
Della Bosca paints “so far as is reasonably practicable” (ASFAIRP) as an integral part of eliminating risks to health and Safety, and it is an integral part of OHS laws, but it is also a limitation, a condition and a concession in achieving safe and healthy workplaces and one that is drastically in need of a thorough independent review.
Safety opportunity from calamity

Australia is starting to settle into a state of stability as the various restrictions on life and work become more consistent. This has also allowed for some to start thinking about the recovery phase – the “bridge”, the awakening, whatever one wants to call it – to reconsider what we think of work and workplaces and our expectations are for the future. Do we resurrect the BC (Before COVID19) employment and economic models or work differently? There is an opportunity to steer work and business into a more sustainable direction that reduces physical and psychosocial harm and regains productivity and profitability. The structures, models and criteria already exist.
And, perhaps, we should incorporate the values recommended by actor, Matthew McConaughey.
The challenge of preventing harm beyond just “primary prevention”

Fay Calderone’s article in HRDaily on workplace sexual harassment and her responses to some questions from SafetyAtWorkBlog illustrate several points of difference between the usual Legal/HR approach to the management and prevention of workplace risks and the application of the occupational health and safety (OHS) approach. These points of difference are discussed below.
Leadership discussion, policies and training
The prevention of harm is a core principle of occupational health and safety. OHS professionals strive to eliminate hazards at the earliest opportunity and apply the precautionary principle as often as possible. Prevention is aimed at detecting early indications or precursors of hazards, such as those occurring in a Near Miss.