Category: law

Heights, Standards and Safety

Engineering and design Standards have existed globally for a long time.  They have considerable authority, often provided through legislation, and underpin many of the safety devices and equipment used in workplaces.  But does compliance with Standards mean that something is safe?

The easy answer is no. A recent presentation to the Central Safety Group (CSG) by David Davis of the Working at Heights Association illustrated this gap between workplace safety compliance and compliance with Standards.

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Detention Royal Commission touches on workplace safety

In June 2016, the Australian Broadcasting Corporation showed an investigation report into the detention of children who had broken the law in the Northern Territory.  The revelations of maltreatment were so confronting that a Royal Commission was announced by the Australian Government very shortly after.  The Commission’s final report was tabled in Parliament on November 17 2017.

All Australian workplaces are subject to clear occupational health and safety duties and obligations that relate to workers and to those who may be affected by the workplace and activities.  (The SafetyAtWorkBlog article “Royal Commission into juvenile detention should include OHS” discusses this at length.)

A brief search of the Final Report of the Royal Commission into the Protection and Detention of Children in the Northern Territory shows an acknowledgement of the OHS perspective but with little discussion of it. Continue reading “Detention Royal Commission touches on workplace safety”

2017 Year in Review creates anxiety and calls for action

Last week in Sydney and Melbourne law firm Clyde & Co conducted seminars reviewing 2017 through the workplace health and safety perspective.  Alena Titterton (pictured right) hosted the Melbourne event which did not follow the proposed topics, but it was friendly and informative, and covered a lot of ground.

This article focuses on the statistics presented in the Year in Review document and some commentary from Titterton.

(An exclusive conversation with Titterton is to be in the next episode of Safety At Work Talks podcast)

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ACCC releases Issues Paper to start public quad bike safety consultation

The Australian Competition & Consumer Commission (ACCC) has released an issues paper on quad bike safety with a deadline for public submissions of mid-December 2017.  An ACCC spokesperson has advised that submissions will be made available to the public through the website unless privacy and confidentiality is requested. A draft recommendation is scheduled for early 2018 with a final recommendation in mid-2018.

Issues papers serve two purposes – the provision of information and questions of particular importance.  This article will look at some of those questions.

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Improve the profession by improving the professionals

The occupational safety profession (OHS) in Australia is often described as being populated by older white males, as being dull and ill-informed.  This perception has generated offshoots such as Women in Safety and Health, and Young Safety Professionals (YSP) with similar actions occurring in many other professions. It is easier than ever to develop professional groups that better address one’s needs but this can miss out on opportunities to change those older white males who are prepared to listen and learn.

These subgroups can often be more innovative than the larger profession events, partly because they are smaller, but also because their audience has different expectations and capacities. Recently

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Action on insurance for OHS penalties slows down

In all of the discussion about the new industrial manslaughter laws in Queensland, the topic of directors and officers liability insurance has been overlooked.  As mentioned in an earlier article

“….the Queensland Government has promised to ban insurance products that pay occupational health and safety (OHS) penalties imposed against employers.”

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Look to the source of workplace conflict, exploitation and injustice

Occupational health and safety advocates are pushing for safety management and strategies to refocus on people by talking about “people-centric” approaches and recalibrating legislation to re-emphasise prevention.  This push parallels society’s frustration with political strategies that favour big business, the under-investment in education and health care systems and companies that announce record profits at the same time as sacking staff.  That frustration is becoming accepted by political parties that are starting to apply more people-centric policies or by countries and States that are appointing representatives from outside the mainstream political organisations.

At a closing event for National Safe Work Month on 1 November 2017, WorkSafe Victoria’s CEO, 

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