Do workers have a human right to workplace health and safety?

It is common for workers, particularly trade union members, to insist that workers have a right to a safe and healthy workplace and work.  Often this is said to be a Human Right.  But does occupational health and safety (OHS) involve Human Rights or is the claim simply trade union hyperbole? Continue reading “Do workers have a human right to workplace health and safety?”

OHS policies of two of Australia’s political parties

Australia’s Federal election campaign has reached the halfway point but the political parties have yet to officially launch their campaigns so the policies that may relate to occupational health and safety (OHS) are unclear.  Even the Australian Greens have yet to launch their campaign but some of their long-held policy positions are clear. The Safety Institute of Australia (SIA) has received the workplace safety campaign policies of the Australian Labor Party.  More discussion on policies will occur when more are released. Continue reading “OHS policies of two of Australia’s political parties”

Miserable failures in OHS of labour hire workers

Two recent occupational health and safety (OHS) prosecutions in South Australia related to labour hire employees and providers indicate changes in enforcement approach and clues for change as they illustrate how some people and companies have almost no regard for the safety of its employees.

According to a SafeWorkSA media release dated 28 May 2016 (not available online at the time of writing):

“The Industrial Court convicted Queensland based labour hire company, Fix Force (Qld) Pty Ltd, and imposed a penalty of $150 000 plus court costs.

On 22 October 2012, Mr Clinton Benson, a contracted employee on the South Road Superway project, suffered life threatening injuries when his head was crushed between a lifting arm and welding table.

Following investigation by SafeWork SA, Fix Force (Qld) Pty Ltd was charged with offences under the then Occupational Health Safety and Welfare Act 1986 (SA), for failure to ensure its employee was safe from injury and risk to health whist at work, as far as was reasonably practicable.”

Continue reading “Miserable failures in OHS of labour hire workers”

Irony in tragedy masks an interesting legal career

On Sunday 23 May 2016, Queen’s Counsel Ross Ray died after being pinned under a rolled over quad bike on his Victorian hobby farm.  According to one early media report, he was not wearing a helmet nor was his quad bike fitted with a crush protection device (CPD). In the past he has represented quad bike manufacturers who object to devices that can protect this type of incident.  If the report is true, his death appears ironic but Ross Ray was involved in a lot more occupational health and safety cases than just quad bikes. Continue reading “Irony in tragedy masks an interesting legal career”

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