Category: law

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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The review of Australia’s OHS laws starts

In 19 February 2018, Safe Work Australia (SWA) “launched” the independent review of Australia’s Work Health and Safety laws under former Executive Director of SafeWorkSA, Marie Boland.  SWA has released a 49-page discussion paper, a summary and a list of questions.  Below is an initial response to some of those questions.

What are your views on the effectiveness of the three-tiered approach – model WHS Act supported by model WHS Regulations and model WHS Codes – to achieve the object of the model WHS laws?

The structure works well, when business owners know of the relevant documents.

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Industrial Manslaughter laws in Australia are about politics, not safety

The latest push for Industrial Manslaughter laws in Australia has appeared as part of the Tasmanian state election.

The Tasmanian branch of the Australian Labor Party released its policy platform for jobs in February 2018 which makes specific and vague commitments on workplace safety which require scrutiny.

Precarious Work

The Tasmanian Labor Leader, Rebecca White, states that

“Labor is committed to addressing casualisation and the outsourcing of work…”

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“so we know we’ve had laws, but why haven’t we had change?”

Australia’s Sex Discrimination Commissioner, Kate Jenkins, has been prominent in recent seminars about sexual harassment, particularly in the entertainment industry.  In February 2018, Jenkins spoke at a seminar in Melbourne hosted by Screen Producers  Australia and provided strong advice on how businesses can control sexual harassment.

Jenkins began her presentation with an uncomfortable reminder that business has been lax in addressing unlawful workplace behaviour.

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Victoria is ripe for Industrial Manslaughter laws

The Victorian trade union movement is preparing for the November 2018 State Election with one element of that campaign being the advocacy of Industrial Manslaughter laws.

At the end of January 2018, the unions “kicked off” their campaign with a meeting which reviewed the challenges and wins for injured workers in 2017 and outlined their intentions for 2018. The Industrial Manslaughter Action Kit included a petition which says: Continue reading “Victoria is ripe for Industrial Manslaughter laws”

Who reads the Robens Report and who will write the next one?

“Every year something like 1,000 people are killed at their work in this country. Every year about half a million suffer injuries in varying degrees of severity. 23 million working days are lost annually on account of industrial injury and disease.”

The existence of this statement is of no surprise to occupational health and safety (OHS) professionals. Similar statements are made all the time.  The sad surprise of this quote is that it appeared in 1972 on page 1 of the Safety and Health at Work – Report of the Committee 1970-72, otherwise know as the Robens Report.

Perhaps it is time to begin contemplating what OHS fundamentals we should apply in the next generation of workplace safety health and wellbeing laws ?

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Hyperbole over new OHS Standard

The hyperbole about ISO45001 keeps coming now that the International Standard for Occupational Health and Management Systems has been finalised and due for publication on March 18 2018.

On February 1 2018, Vic Toy, chair of the US technical advisory group is quoted in EHS Today:

“ISO45001 is one of the most significant developments in workplace safety over the past 50 years, presenting an opportunity to move the needle on reducing occupational health and safety risks…..

The goal was to create a widely accepted standard that can produce a highly effective safety and health management system for an increasingly interconnected world, regardless of an organisation’s size, location, supply chains or nature of work.  It becomes a minimum standard of practice, and a good one at that.”

ISO45001 does have great potential for change but primarily in those countries that have no such standard already and where OHS laws are under-developed or poorly enforced. Continue reading “Hyperbole over new OHS Standard”

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