Category: law

Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health and safety (WHS) legislation however it can be argued that the Australian Government, through its supply chain, chain of responsibility and contract management, also has a duty of care to detainees under health and safety laws.

Several recent legal actions and workplace safety guidance indicates that clarification about the duty of care on physical and psychological risks to “others” is overdue.

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It’s on the books but we don’t read much

Victoria’s Trades Hall has criticised the Master Builders Association of Victoria (MBAV) over its opposition to Industrial Manslaughter laws.  The MBAV’s opposition is described as “tired” by Trades Hall in a small article in the OHS Reps SafetyNet Journal which illustrates how the gap is unbreachable.

This is what the OHS Unit of Trades Hall said about the

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We need a safe system of business

Throwing chocolates to delegates, audience participation, push-ups, book giveaways, hand-eye coordination exercises – not the usual elements of the opening keynote speaker of a safety conference.  Day 2 of the Safety Institute of Australia’s recent conference had a more traditional opening with presentations from a State workplace safety regulator and Australia’s occupational health and safety (OHS) agency.  If entertainment is your thing, jump for the chocolates, but if information is why you attend conferences, Day 2 was the better one.

The first speaker was

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The OHS context of the Robert Doyle case

Source: Lucas Dawson Photography

The number of prominent men who have come a cropper as a result of their sexual harassment includes the Lord Mayor of Melbourne, Robert Doyle.  A workplace safety trade show in Melbourne recently conducted a public panel seminar on the issue of sexual harassment with particular emphasis on the Doyle case.  One of the Melbourne councillors at the time, Stephen Mayne, spoke via video.  The panel also included a representative of local government, a safety advocate and a lawyer.

One of the most curious elements of this event was that it was conducted in a trade show

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Michalak’s evidence should change the wellbeing and OHS industries

Dr Rebecca Michalak has only recently come to my attention, mainly through challenging some of my statements on social media.  I was able to meet her and watch her presentation at the Safety Institute of Australia’s National Health and Safety Conference in May 2018.  It is likely her voice will become heard more broadly in coming years as she challenges elements of the Establishment.

Many elements of Michalak’s conference presentation can also be heard in the Fit For Work Podcast of Sally McMahon but there were a couple of statements that were notable.

Coping Strategies

“I had a theory that it’s not either/or – it’s an “it depends” thing and what I found across all well-being outcomes, six coping strategies and two samples – that’s 48 mediations – it makes no difference and in fact, most coping strategies make well-being worse.” (emphasis added)

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Industrial Manslaughter laws likely for Victoria

With little surprise, at the Australian Labor Party (ALP) Conference in Victoria on 26 May 2018, Premier Daniel Andrews has included the introduction of Industrial Manslaughter laws as a formal part of the campaign for re-election in November 2018.

According to his media release, if re-elected,

“.., employers will face fines of almost $16 million and individuals responsible for negligently causing death will be held to account and face up to 20 years in jail.

A re-elected Andrews Labor Government will make sure all Victorians are safe in our workplaces, with the offence to also apply when an employer’s negligent conduct causes the death of an innocent member of the public..”

There are a lot of steps between an incident and Industrial Manslaughter charges. 

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The good, the odd and the ignorant

One of the Select Committees of the Australian Senate is conducting an inquiry into the “Future of Work and Workers” and is currently holding public hearings.  There is a lot of interesting information that will affect how workplace health and safety is managed and there are some odd statements in the public submissions.  However, it was the appearance of Airtasker’s CEO at a public hearing on May 4, that is genuinely scary.

Job Design

Firstly a positive statement from the

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