Category: law

Look closely at the camel rather than the straw

There are strong parallels between the National Inquiry into Sexual Harassment in Australian Workplaces and others addressing workplace issues, such as the Victorian Royal Commission into Mental and the Productivity Commission’s mental health inquiry, but there is also a connection to the Royal Commission into Banking and Financial Services which has focused the minds of some of Australia’s corporation s and leaders into examining their own workplace cultures and, for some, to reassess the role and application of capitalism.

This is going to become even more of a critical activity as the National Sexual Harassment Inquiry completes its report prior to its release in the first month or two of 2020.

Cultural analysis, and change, is often best undertaken first in a microcosm or specific social context. The experiences of sexual harassment of rural women in Australia is one such context, a context examined in detail by Dr Skye Saunders in her book “Whispers from the Bush“.

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One death may be too many, but it remains a prerequisite for Industrial Manslaughter laws

Source: Luke Hilakari on Facebook

In Victoria there is much anticipation about the introduction of Industrial Manslaughter (IM) laws to the Parliament. Yesterday Minister for Workplace Safety Jill Hennessy and others hosted a meeting for some prominent IM advocates and trade unionists. Part of the reason for the meeting was that this week was the tentative date for the introduction of the IM laws to Parliament. The latest strong rumour is the Victorian Government has privately conceded that the Bill will not pass this year as expected and the Premier is moving to Plan B.

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Consumer Product Safety System review should be on the OHS radar

Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.

This consultation is a direct result of the recent review of Australian Consumer Law:

“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”

page 7

The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.

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One safety quandary solved by Consumer Law. What others are possible?

Caesarstone original quartz for kitchen, bathroom surfaces, benchtops, splash backs and kitchen Island

Last week the Australian Government accepted the recommendations of the Australian Competition and Consumer Commission (ACCC) about improving the safety of quad bikes. But the improvement in safety came not through occupational health and safety (OHS) laws but the Australian Consumer Law so how could the ACL help improve workplace health and safety further? After a quick look at how the quad bike recommendations have been received, the potential of the ACL is considered in relation to silicosis.

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The reluctant acceptance of quad bike safety changes

One important stage in improving the safety of farm vehicles was completed on October 10 2019 with the acceptance by the Australian Government of recommendations to make Operator-Protection Devices (OPD) mandatory for all quad bikes in Australia. That decision is a substantial achievement that many have lobbied, and fought, over for many years, but it will not save every farmer’s life as quad bike use has always only ever been one part of the occupational health and safety (OHS) risks on farms.

The Australian Government’s recent announcements on this issue have also been a little odd.

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Business Leaders hear about the Vic Government’s OHS achievements, and about OHS is the Arts

Cameron Ling and Claire Spencer (top) and Natalie Hutchins (below)

October is Australia’s workplace safety month. It operates under different names in different States, but they all started on October 1 2019. These months are almost exclusively about marketing and SafetyAtWorkBlog’s Inbox has received a lot of generic statements about the importance of occupational health and safety (OHS) but with little information about how to improve it. The best we can do about this is to seek knowledge in some of the physical events and seminars scheduled during October.

On October 2 2019, WorkSafe Victoria held a Business Leader’s Breakfast at which there were two featured speakers – the Parliamentary Secretary for Workplace Safety, Natalie Hutchins, and the CEO of Arts Centre Melbourne, Claire Spencer. Hutchins spoke about the occupational health and safety achievements of the Victorian Government and Spencer spoke about the significance of the Arts Wellbeing Collective. They provided a good mix of politics and practice.

Hutchins spoke about

  • Silicosis
  • Hazardous Chemicals and Dangerous Goods
  • Workplace Manslaughter Laws, and
  • Mental Health.
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Tough but fair – Allan Fels

Allan Fels has served the Australian public for decades as the head of the Australian Competition and Consumer Commission, a Mental Health Commissioners and recently a Royal Commissioner for the Victorian Government in its inquiry into mental health. His level of activity and the breadth of that influence is extraordinary and should be no surprise that his service has overlapped and influenced workplace health and safety.

That experience has generated a book – Tough Customer – in which Fels reflects on his public service roles but also about how his life and that of his family have influenced his view of the world and his policy priorities. SafetyAtWorkBlog was able to speak with him for a short while earlier this week on the topics of

  • mental health
  • workplace health and safety
  • executive and political perspectives
  • the gig economy
  • ethics and social justice
  • the ACCC.
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