Category: law

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. 

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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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Confusing positions on mental health at work

On March 28 2023, the Victorian Chamber of Commerce and Industry (the Chamber) issued an important media release called “Preparing for workplace psychological health reform”. As with most media releases related to occupational health and safety (OHS) matters, it received little attention.

Anton Zytnik a consultant for the Chamber, warned against “mental health washing”, but this media release also contains examples of avoidance and misdirection. And he’s not the only one.

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Industrial Manslaughter laws for New South Wales? Join the queue

Speculation is occurring about the introduction of Industrial Manslaughter (IM) amendments by the incoming Labor Government in New South Wales. It is likely, as the Australian Labor Party, when in opposition last year, introduced an IM Bill into Parliament. But Industrial Manslaughter laws promise more than they deliver as the push for these laws is based on politics rather than justice or workplace health and safety.

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