Category: law

Employers’ continuing “intolerable laxity”

Recently a discussion of occupational health and safety (OHS) in Australia’s construction industry during COVID-19 lockdowns was published. “What’s it going to take? Lessons Learned from COVID-19 and worker mental health in the Australian construction industry” is thankfully “open access” and well worth reading for its strong and controversial OHS recommendations, but it could have paid more attention to the role of the employers or Persons Conducting a Business or Undertaking (PCBU) in applying legislative OHS obligations and how their resistance continues to harm workers.

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Can we move on from HSRs, please?

Occupational health and safety (OHS) needs new thinking. One of the most important elements of successful OHS comes from Consultation – a sensible process and one required by law. A major process for OHS consultation in those laws is through the Health and Safety Representatives (HSRs). This legislative (recommended) option was practical but is now almost an anachronism, yet the OHS regulators continue to support the process because it is in the OHS laws. And few will speak against the process because it is being maintained by the trade union movement as one of the last legacies of political influence over workplace health and safety.

This month Queensland government released its report into the review of its Work Health and Safety laws with these two of the three categories of recommendations:

  • “elevation of the role of health and safety representative (HSR) at the workplace
  • clarification of the rights of HSRs and worker representatives to permit them to effectively perform the role and functions conferred upon them and to remove unnecessary disputation,….”

The absurdity of HSRs’ persistence can be illustrated by the rumour that WorkSafe Victoria will encourage sex workers to follow the HSR consultative process through the OHS guidance expected to be released later this year.

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Ballarat ups the OHS best practice in procurement

Six months ago, trade unions and occupational health and safety (OHS) advocates protested outside the Ballarat Council offices over the awarding of a construction contract to Pipecon, a company that was prosecuted over the deaths of two workers in a trench collapse several years earlier. Last week, the council decided to upgrade its procurement practices to provide further weight to the OHS performance of tenderers. In effect, it established a new level of “best practice” by local councils in Victoria.

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The continuation of engineered stone can no longer be supported

The Housing Industry Association (HIA) is an effective government lobbyist for its members who can be relied on to make a submission to whatever opportunity the governments offer. The HIA does not provide details of membership numbers or names, but it does list its sponsors and partners. Recently HIA made a submission on “the prohibition on the use of engineered stone”. Its position held few surprises.

Perhaps also unsurprising is Kate Cole’s justification for a ban on engineered stone.

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The cultural impediments to OHS improvement in agriculture need to be confronted

Recently Western Australia concluded its WorkSafe inquiry into the Agricultural Industry. The recommendations for improvements in occupational health and safety (OHS) are remarkably dull as they largely fit with business as usual. It is much more useful to file this as a reference document which offers some safety insights.

The inquiry was established after a spate of farm deaths (Don’t all OHS inquiries come from disasters!?). Most of the terms of reference relate to the collation of data, which, in itself, is an implied criticism of the past OHS Commissioners and governments (and national leadership).

The inquiry report is an excellent analysis of the cultural relationships between farming and OHS regulation, with some brutally honest findings that other States and OHS professionals should heed.

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The personal and cultural factors in work addiction

Recently this blog wrote about an article on the news website of the Australian Broadcasting Corporation concerning burnout. One of the people interviewed for the article was Sally McGrath, who responded to a series of questions put to her to clarify some of the workplace mental health issues raised.

SAWB: Did your three burnout experiences happen at the same workplace?

SM: Yes – this was a result of me taking on too much, and being “capable” is something that I believe can work both for and against a person. In my case (and many I see) always saying yes and being delegated work is where the burnout begins, you don’t want to be seen as not coping or capable. You also want to be seen as the “next in line for promotion” and saying no can work against you. 

Continue reading “The personal and cultural factors in work addiction”

Work mental health and construction industry negotiations

Australian trade unions are in a difficult position on the matter of workplace mental health. New regulations require employers and, to a lesser extent, workers to act on a positive duty to prevent psychosocial harm. However, how does one achieve the necessary changes without being financially penalised?

Recently, the Victorian Secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), John Setka, granted The Australian newspaper’s Workplace Editor, Ewin Hannan, an exclusive interview (paywalled) in which occupational health and safety (OHS) was discussed.

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