Category: law

“Does my business comply with the OHS/WHS law?”

Employers struggle to know if their businesses comply with the local occupational health and safety (OHS) or work health and safety (WHS) laws. They always have and, likely, always will. Employers are hungry for certainty and are often annoyed with OHS advisers who refuse to give a definitive answer to the question in this article’s title.

In the 1990s, particularly in Victoria, there was almost a frenzy for a simple audit tool developed through WorkSafe Victoria called SafetyMAP. It disappeared well over a decade ago, but my Goddess, it was popular, and small business operators especially wanted it. Even when its effectiveness was questionable.

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Positive duties everywhere

One area where human resources (HR) and occupational health and safety (OHS) do not overlap in practice is diversity, equity, and inclusion (DEI), but they should. OHS cannot operate without effective consultation, and part of that effectiveness comes from a diversity of information, respectful conversations, and the inclusion of sometimes uncomfortable perspectives or truths.

Recently, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) published a guideline on race discrimination in the workplace, which illustrated the need for HR and OHS to begin talking (and listening to) the same language.

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The Australian Institute of Health and Safety embraces AI

The Australian Institute of Health and Safety (formerly the Safety Institute of Australia) recently launched an Artificial Intelligence tool for the institute’s members to access its extensive data sources. I posed SPARK a couple of questions to evaluate its effectiveness.

According to the September 25 2024 media release:

“The “Safety Professional Assistant and Resource Knowledge-Base” tool, known as SPARK, … has been trained on State-based legislation and regulations, OHS Body of Knowledge content, OHS Professional Magazine content, and general organisational information stored on the AIHS website.”

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Another alleged work-related death at EY. This time – India

The workplace culture of EY and other major consulting companies came under scrutiny several years ago following an apparent work-related suicide at the offices of EY in Sydney. EY’s workplace culture is again being examined after the death of a young EY employee in India, allegedly due to work stress.

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”take safety seriously”

Tasmanian politicians recently discussed Industrial Manslaughter laws in Parliament. As with similar debates in other jurisdictions, occupational health and safety (OHS) appears to justify these amendments, but the OHS principle of preventing harm is rarely discussed. Deterrence? Yes, but Prevention? Not really.

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Useful psychosocial case study

Employers and health and safety professionals are desperate for case studies of companies that have successfully applied the recent occupational health and safety (OHS) emphasis on managing and preventing psychosocial hazards at work. Safe Work Australia has released a case study on this in the retail industry.

“Managing the risk of psychosocial hazards in retail” is a very good idealisation of the health and safety risk assessment process, but some items are missing.

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Regulations are guardrails

One of the learnings from the recent report into the Grenfell Tower Fire was the failure of regulations and their enforcement. Much attention was given to many of these failures happening during the UK Government’s “red tape challenge” where two (or more) regulations were removed for every one introduced.

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