Category: law

Review into WorkSafe Victoria released at Christmas

In the middle of 2017 SafetyAtWorkBlog asked why the Victorian Government was slow in releasing the report of an independent review into its occupational health and safety (OHS) regulator, WorkSafe.  Victorians have received a Christmas present with the release of the report of the  Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria and the Government response.

In Principle

According to the Minister for Finance Robin Scott’s media release, dated 18 December 2017,

“The review was a Labor Government election commitment and made 22 recommendations – all of which the Government supports in principle.” (emphasis added)

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Victoria joins the push for licencing labour hire

Victoria is the latest Australian State to introduce laws into Parliament that establish a licencing scheme for labour hire operators. The Labour Hire Licensing Bill 2017 was read into Parliament on 14 December 2017 (Hansard, pages 55-61)

The Bill is compatible with the laws passed recently in Queensland and South Australia which apply a universal licencing scheme rather than a sectoral one as preferred by some organisations.  This should make the scheme easier to administer as it removes demarcation disputes and, as pointed out by the Minister for Roads and Road Safety, Luke Donnellan, removes loopholes of opportunity for avoiding obligations – a critical consideration in a sector that has shown such disregard for legal obligations. Continue reading “Victoria joins the push for licencing labour hire”

Action demanded on sexual harassment in the entertainment industry

On 12 December 2017, part of Australia’s screen and television industry held a forum in Sydney about sexual harassment in the sector and what could be done to reduce this workplace hazard. This initiative occurred a day before an open letter was published about sexual harassment in the music industry.  There is a momentum for change on sexual harassment in the workplace, but it is at risk of resulting in a fragmented approach which will generate turf wars, confusion and, ultimately, ineffectiveness.

The

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Workplace safety in correctional facilities

In support of the recent SafetyAtWorkBlog article “Detention Royal Commission touches on workplace safety”, WorkSafe NT was contacted with a series of questions about the role of the Northern Territory’s occupational health and safety (OHS) regulator in detention centres.  Those questions comprised:

• Has WorkSafe ever undertaken any inspection activities at detention centres in the Northern Territory?  If so, what was there a specific request, incident or other catalyst for this?
• Is there a specific group/team of inspectors under whom responsibility for inspecting detention centres would sit?
• Does NTWorkSafe coordinate any WHS inspection activities with other government agencies and authorities?
• Has the Northern Territory Correctional Services ever requested NTWorkSafe’s assistance in safety reviews of their facilities?

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Banking Royal Commission should not limit our thinking about culture

Australia is to have a Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.  What’s this to do with occupational health and safety (OHS)? Not a lot, at first blush.  OHS professionals and safety practitioners need to watch this Royal Commission because it could led to a fundamental reassessment of corporate culture. The OHS discipline is beginning to understand that it operates within that organisational, or corporate, culture; the same culture that will be examined over the next twelve to eighteen months.

SafetyAtWorkBlog has written repeatedly on safety culture and the potential OHS changes from investigating the corporate culture of banks.  An analysis of corporate culture inevitably includes discussions of due diligence, corporate governance, leadership, accountability and ethics – all elements that are critical to understanding and building safe systems of work. Continue reading “Banking Royal Commission should not limit our thinking about culture”

Titterton talks safety

Episode 5 of Safety At Work Talks podcast contains a chat with safety lawyer and partner with Clyde & Co, Alena Titterton. The conversation touches on safety issues like industrial manslaughter, dealing with police at an incident, certification to safety standards, safety in procurement, and small business.

It was also good to hear her talk about the “safe systems of work” a concept that has existed since the early days of modern OHS laws but is still poorly understood.

Kevin Jones

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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