Addendum: Chris Smith and the prevention of harm

The earlier Chris Smith article mentioned the earlier incidents that, given his recidivism, the control measures implemented failed or were inadequate. If these incidents had involved occupational health and safety (OHS) concepts and investigations, the latest incident may never have occurred.

OHS is big on investigations and contributory factors but usually after an incident. OHS tends to identify faults and failures after the event. However, this has become the norm because OHS and employers are less able or interested in investigating incidents with lesser consequences or what OHS call Near Misses. Chris Smith had no near misses, each of the earlier “misbehaviours’ were incidents that seem not to have been investigated to the standard or depth intended in OHS.

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How could OHS have helped manage Chris Smith?

SkyNews and radio host, Chris Smith, has been dismissed due to inappropriate behaviour at a company Christmas party. This type of behaviour has been on the occupational health and safety (OHS) and Industrial Relations radar for a long, long time. Recently the psychological impacts of this type of behaviour have come to the fore, placing the issue clearly in the OHS realm.

It is useful to look at the Chris Smith saga through the “new” OHS perspective.

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A fair dinkum fair go?

A New Work Relations Architecture is a radical book for Australia. Radical because its authors are proposing industrial relations reform, and Australia has had very little of this since Prime Minister John Howard‘s attempt with Workchoices in 2005. Radical also because it has taken inspiration from the Robens approach to occupational health and safety (OHS) laws.

The new “architecture” (thankfully, the cliche of “ecosystem” was not used) is described as:

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Inspired by OHS but ignoring the shortcomings

A new Australian book has been structured around a “new work relations architecture“. Amazingly, a whole chapter is devoted to the role of occupational health and safety (OHS) in this new structure.

This chapter is written by prominent law academic Ron McCallum AO, offers a good summary of OHS laws and identifies the challenges to those laws in the near future, but its discussion is more reserved than it could be.

McCallum sticks to the suitability of the Robens model of OHS laws which McCallum describes as a type of “managed decentralism”. He highlights challenges to the laws and their operations that will be familiar to readers:

  • climate change
  • gig work
  • working from home
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2022 review indicates the amount of OHS work needed in 2023

The end-of-year reviews are starting to emerge from Australia’s law firms. The most recent release is from Maddocks, who have released several short reports on occupational health and safety (OHS) hazards and suggested controls for employers to apply. So this is a year-in-review for 2022, but it is also a forecast of what needs to be changed in 2023.

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HR, welcome to the OHS world and start getting used to it

In an article on burnout in The Sydney Morning Herald and The Age on December 10 2022 (paywalled), there was a peculiar quote and some paraphrasing of Sarah McCann, chief executive of the Australian Human Resources Institute (AHRI), indicating the size of the challenges facing human resources professionals in preventing psychosocial harm in Australian workplaces.

The article is a peculiar one. It states that burnout has been categorised as an occupational risk by the World Health Organisation but then reports on psychological support organisations who are applying the concept outside of work activities. The justification for this is that the work undertaken at home or in caring for a family is unpaid work but still work, so the occupational definition applies. That’s a stretch, but it’s possible.

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Other OHS politics you might have missed

November 2022 was a very busy month of politics (and a football World Cup) which distracted many of us from our usual monitoring of OHS announcements. Below is a summary of some of those from the last couple of weeks.

The South Australian Parliament has sent its Work Health and Safety (Crystalline Silica Dust) Amendment Bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for inquiry and report.

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