Category: law

The future of OHS and Safe Work Australia

Marie Boland‘s work and reviews have been prominent features in Australia’s occupational health and safety (OHS) for over a decade. Last year, she took on the CEO role at Safe Work Australia, the country’s principal workplace health and safety policy body. Recently Boland spoke to the Australian Institute of Health and Safety (AIHS).

The interview/article starts with the unavoidable moral argument for the importance of workers’ lives in Australia and the social ripple effect of deaths and serious injuries. Inevitably, economic cost is mentioned:

“Our research shows that, in the absence of work-related injuries and illnesses, Australia’s economy would be $28.6 billion larger each year, and Australians would be able to access more jobs with better pay,”

page 27, OHS Professional, March 2024

Economics is always mentioned in articles about the importance of workplace health and safety but, really, who cares?

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“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention.

ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the episode was very familiar, but the sentencing inquiry was intriguing.

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Mental Health First Aid is not a harm prevention strategy

Courses in Mental Health First Aid (MHFA) are increasingly popular in Australia as employers struggle to understand their (new) occupational health and safety (OHS) obligations to provide psychologically safe and healthy work environments. However, MHFA and OHS are fundamentally incompatible.

MHFA is an intervention program, while OHS requires prevention. So, employers who send staff to MHFA intending to comply with their OHS obligations are deluded.

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Applicability of Restorative Practices to all workplaces

Last week, a book called Setting Relations Right in Restorative Practice by David B Moore and Alikki Vernon (pictured above, second and third from the left, respectively) was published. The launch seemed full of the authors’ friends and colleagues, as well as social workers. Although Restorative Justice has been applied a little bit to resolve workplace conflicts, the discussion was dominated by examples in youth detention, correctional facilities, health care and public sector organisations. These are important industries, but what about the private sector in which most people work?

I asked the authors for some perspectives on workplaces outside of the types already discussed?

Below is the response from Moore and Vernon.

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New international standard for evaluating OHS performance

On February 13th, 2024, the International Technical Committee (ISO TC 283) responsible for the design and development of ISO 45004:2024 OH&S Performance Evaluation reported that the Final Draft International Standard (FDIS) ballot yielded 54/55 supporting votes, equating to a very strong 98% international ballot approval.

ISO 45004:2024 is intended to help organisations to effectively monitor, measure, analyse and evaluate occupational health and safety (OHS) performance. OHS performance evaluation includes the organisation’s processes to assess the adequacy of activities expected to achieve intended results. OHS performance is normally evaluated using a combination of processes and sources of information such as incident investigations, inspections, audits, qualitative and quantitative indicators, culture surveys and interviews.

The new standard was published last week.

{The is a guest post by David Solomon; details are below. Some grammar changes have been applied, and hyperlinks added by SafetyAtWorkBlog]

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Trade union organiser jumps the gun on Industrial Manslaughter after mine rockfall

Last week, a miner, Kurt Hourigan, died in a rockfall in a gold mine in the rural city of Ballarat. Another was rescued, and over twenty work colleagues were able to access a safety pod and exit the mine later.

Accusations of mismanagement and deficient occupational health and safety (OHS) practices are rife. The media coverage of the disaster and its aftermath reflects the days immediately after the Beaconsfield Mine Disaster in Tasmania in 2006, where the trade union, the Australian Workers Union (AWU), dominated the provision of information. But why is the AWU calling for a prosecution for Industrial Manslaughter? And why now? Isn’t there a stronger OHS message available?

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Industrial Manslaughter fears

The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context.

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