Category: law

Clichés may be true but what do they hide

It is common for people to play cliché bingo, where one notes down all of the cliché’s a person, usually a boss, is using and when all of the clichés have been used, BINGO!  You’re job may end at that point so a silent BINGO may be best.

This exercise can be fun, particularly at conferences, but clichés can be hazardous as they can reinforce poor understandings and compound the simplification of complicated ideas or ideas that should be complex and addressed. Occupational health and safety (OHS) has some major clichés that need to be called out and examined.

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Discussing risk assessments should lead to an analysis of the ethics of OHS

Recently a Young Safety Professional network in Queensland conducted a debate or discussion about the role of risk assessment in occupational health and safety (OHS).  Naomi Kemp posted an article about the event titled “To risk assess, or not to risk assess: that is the question“.  Risk assessments offer an entry point to broader discussions of liabilities, risk, red tape, complacency, communication and state of knowledge.  But of most relevance to OHS compliance is that risk assessments are part of the legal obligation to consult.

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More activity needed on safe driving at work

In Australia a driver can achieve a “full”, unrestricted licence for driving a car from one’s early 20s following a test conducted by a State regulatory authority.  This driver’s licence is renewed each ten years but without any retesting or assessment of competency, even though the road rules, environment, traffic volumes, car design and personal technology would have changed in that time.

Should an employer allow an employee to drive a company or work-related vehicle without determining a driver’s suitability and level of driving competence?

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Quad bike safety gets messy – disagreements, Supreme Court writs and stars

Over the last couple of weeks in Australia, the arguments over the safety of quad bikes (sometimes called All Terrain Vehicles (ATVs)) has become messy. The National Farmers’ Federation (NFF) is in favour of Operator Protection Devices (OPDs) but the Victorian Farmers’ Federation (VFF) is not. Doctors and farmers are calling for a five-start safety rating for quad bikes. One researcher says such a scheme is ready to go. The manufacturers’ industry representative, Federal Chamber of Automotive Industries (FCAI) says no it’s not but here’s a new helmet to wear.

Around all of this is remarkable silence about legal action launched against the Victorian occupational health and safety (OHS) regulator, WorkSafe, by Honda, Yamaha, Suzuki, Kawasaki and BRP over WorkSafe’s interpretation of a legal safety duty.

All the while farmers in some States are continuing to access generous safety rebate schemes. Continue reading “Quad bike safety gets messy – disagreements, Supreme Court writs and stars”

Autonomy, safety, diversity, equality and productivity

Photo taken by Angelo Kehagias

Discussion about gender in the workplace peaks each year around International Women’s Day on March 8.  Occasionally there is renewed localised interest when an issue pops up but the issue of gender permeates our thoughts, our planning and our conduct all the time.

Recently, SafetyAtWorkBlog had the chance to ask some questions about gender and diversity and the relevance to the workplace and the occupational health and safety (OHS) profession to Alena Titterton (pictured above), a fascinating workplace relations lawyer with the Australian offices of Clyde & Co.

Gender diversity seems to be more prominent than diversity generally.  Should gender diversity be given priority over, or be separated from, other categories such as ethnicity or sexuality?

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Analysis of the WorkSafe Legislation Amendment Bill raises concerns

Several readers have expressed curiosity over the WorkSafe Legislative Amendment Bill currently in the Victorian Parliament and mentioned by lawyer Steve Bell last week.  Bell pointed to a couple of issues in the Bill and gave the impression that the Bill was aimed at tidying up some administration.  Several of the issues raised in the Bill deserve contemplation.

The Bill is still not through Parliament.  The next stage of the process will occur on April 5, 2017 but the Minster’s

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For What Steve Bell Tells – OHS issues for 2017

Steve Bell is a partner with Hebert Smith Freehills (HSF) in Melbourne, Australia.  As many law firms do, HSF conducts several events each year to inform clients and others of occupational health and safety (OHS) and labour relations issues.  In March 2017 Bell, who is the regular host at these events, spoke at a breakfast seminar held jointly with the Safety Institute of Australia, and identified several safety issues as becoming prominent in 2017:

  • Increased penalties
  • The risk of complacency
  • Increased interplay between OHS and industrial relations
  • Focus on public safety elements of OHS
  • the review of regulations.

Below are some thoughts on the issues raised by Steve Bell.

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