Category: law

Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing death and failing to comply with a health and safety duty of care, according to one media report.

There are many occupational health and safety (OHS) lessons from Smith’s death, but one of particular note is that the South Australian Police and SafeWorkSA conducted a joint investigation. Deputy Commissioner of Police Linda Williams said, in a media release:

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Australia’s Wellbeing Budget and Living Standards Framework is on its way

Australia’s new Treasurer, Jim Chalmers, shows an awareness of the importance of good mental health in Australia’s citizens and workers but his strategy, which remains in its infancy, has some problems.

In one of Chalmers’ first interviews after the Australian Labor Party won power last month, he was asked about the Budget he will be releasing in October 2022 (the same month as National Safe Work Month!):

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Safety (funding) differently

When Tony Abbott was the (Liberal) Prime Minister, he reduced the commonwealth grants program substantially as part of his austerity and “debt” and deficit” strategies. This resulted in defunding many occupational health and safety (OHS) support and research units of trade unions, industry associations, etc. OHS has been poorly served ever since. The new (Labor) government has an opportunity to resurrect some of these OHS units by allocating some level of funding and, perhaps, expanding it beyond the traditional consultation triumvirate.

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Applying a big stick ….. of foam

South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.

In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.

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Insecure work is not going away, but it should

Insecure work creates stress for workers and their families yet companies continue to choose insecure work contracts for this type of work. They must take some responsibility for the physical and mental health consequences.

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Insecure work creates stress for workers and their families yet companies continue to choose insecure work contracts for this type of work. They must take some responsibility for the physical and mental health consequences.

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Research shows the danger of overconnection

Many companies are starting to settle into hybrid working arrangements where workers are in the office for part of their time and at home for others. The occupational health and safety (OHS) impacts are still being discovered and refined. The flexibility of these hybrid arrangements is both good and bad, as identified recently by the European Foundation for the Improvement of Living and Working Conditions (Eurofound) in its analysis of the Right-To-Disconnect.

This could/should become a significant consideration when complying with Australia’s OHS regulations for psychologically safe workplaces currently under development.

Eurofound’s Executive Summary states:

“Digital technologies have made it possible for many workers to carry out their work at any time and anywhere, with consequent advantages and disadvantages. Potential advantages include greater autonomy, better work–life balance, improved productivity and environmental benefits. However, the constant connection enabled by information and communications technology (ICT)-based mobile devices can pose risks to health and well-being, as well as causing work–life balance conflict linked to longer working hours and the blurring of boundaries between work and private life.”

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A new workplace hazard – Long Covid

The policy impacts of COVID-19 were missing from the recently concluded federal election campaign in Australia, but the coronavirus persists and continues to kill. Other than the issue of mandatory vaccinations, the occupational health and safety (OHS) context, outside of the health and emergency services sectors, has not been addressed since the initial SafeWork Australia guidance in March 2020.

The European Agency for Safety and Health at Work recently released a discussion paper on the “Impact of Long Covid on Workers and Workplaces and the Role of OSH”.

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