Category: law

Getting the (political) balance right

One can never accuse politicians of deep or systems thinking on the issues and policies for which they are responsible. Victoria’s Minister for WorkSafe, Danny Pearson, spoke at a press conference on March 6, 2023, about the viability of the workers’ compensation systems, which he described as broken, during a substantial increase in claims for workplace mental injury. Premier Dan Andrews has spoken of this matter since and with a similar perspective – politics rather than occupational health and safety (OHS).

How this issue develops over the next month may determine who speaks for the government at the April 28 Workers Memorial event.

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OHS is now a fundamental human right. So what?

Last year the International Labour Organization (ILO) added occupational health and safety (OHS) to its Declaration on Fundamental Principles and Rights at Work. So what? I hear you cry. According to one trade union website:

“Contrary to Conventions – which are subject to ratification by individual Member States to be applicable, all Member States (187 Members) are expected to respect, promote and realize Fundamental Principles and Rights .”

This change has been a long time coming. Expect to hear a lot of discussion about this change at the 23rd World Congress in Sydney later this year, if not Ap[ril 28 and May Day. What Australia will say about this change is unknown, but it will be expected to say something.

Continue reading “OHS is now a fundamental human right. So what?”

Differing perspectives on working hours

On March 8, 2023, Giuseppe Carabetta, Associate Professor, University of Technology Sydney, wrote about how the current dispute between Politician Monique Ryan and her former Chief of Staff, Sally Rugg, could open the door to lots of legal action through the courts and the Fair Work Commission. Sadly occupational health and safety (OHS) does not feature, but let’s look at the industrial relations context first and consider what is meant by “reasonable”.

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Any OHS strategy needs to generate spillovers

Reading Safe Work Australia’s latest ten-year strategy forced me to think creatively.

SWA’s discussion of Persistent Challenges suggests controls that are almost all at the Administrative Control level – education, awareness, knowledge, training, understanding, support, communication and more.  This is after admitting that:

“Injury and fatality rates have fallen significantly over the last decade. However, progress has slowed.”

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How can we increase the use of the Hierarchy of Controls (HoC) in determining safety-related policy? How can we get organisations to progress up the control hierarchy to show others that it is possible to prevent all of the incidents that everyone agrees are preventable? (Refer to WorkSafe Victoria’s Colin Radford for a recent example of this belief:

“Every workplace incident, every injury, every illness, every death is entirely unequivocally preventable.”)

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Odd OHS comments from the Master Builders

Every year the Australian government releases a budget explaining what it plans to do over the next 12 months or longer. Business groups and trade unions often release documents submitted to the government, although whether the government requests this is unclear. Recently the Master Builders of Australia (MBA) sent through its submission (not yet publicly available). It has some interesting comments on the responsibility for occupational health and safety (OHS) and responsibility.

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WorkSafe Tasmania is not cooperating

In December 2021, five children died, and others were injured when an inflatable jumping castle lifted into the air after a strong gust of wind. WorkSafe Tasmania continues to investigate the incident, as is the Tasmanian Coroner. Recently the Coroner postponed the inquest because WorkSafe would not provide documents essential to the process, prolonging the grief of the families and the local community who want, and need, answers.

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Engineered stone and deadly silica risks seem here to stay

So Australia did not ban the importation of engineered stone. The Heads of Workplace Safety Authorities (HWSA) have issued a Communique and a joint media release outlining their decision. It’s a political slap in the face to the trade unions who went hard on the ban.

Many organisations supported the call to ban the importation and use of engineered stone due to the unacceptable risk associated with cutting the product. Many were strident in need for the ban. Even the Federal Minister for Workplace Relations, Tony Burke, was talking tough on the morning of the critical meeting of the Heads of Workplace Safety Authorities. So what went wrong?

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