Category: law

A Neverending Story – Supply chain safety dispute

Several weeks ago, Scott’s Refrigerated Logistics, a prominent Australia trucking company, entered receivership. It seems the Transport Workers’ Union (TWU), as part of a long campaign, chose to take another potshot at one of Australia’s few supermarkets, Aldi, accusing it of “pressuring supply chains” when the average profit margin in this sector has been described as an average profit margin of only 2.5 per cent. Occupational Health and Safety (OHS) in Australia’s transport industry has always been an important issue and is regularly a political football.

The union’s claims are being echoed by Senator Tony Sheldon, a former national secretary of the TWU, in Parliament.

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The well-being and psychosocial “wild west”

With the new Psych Health and Safety regs/codes of practice, it seems many corporate ‘wellness’ providers are now branching out into the now topical, psychosocial risk management domain.  As someone who supports several national/multinational organisations, I am seeing a big gap between the academic research, provider capability, corporate understanding, and real-world activity.  I am also seeing some very questionable tools/approaches/programs and activities emerging in the race to sate the increasing corporate psych risk appetite.

[Guest post by David Burroughs]

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Violence against teachers

Unless you are a teacher, it is difficult to comprehend the extent of stress and pressure teachers can face at school. A recent court case in Queensland involving an appeal against a decision by the Regulator not to accept a workers’ compensation claim provides some insight into the teacher’s lot.

The case, Roberts v Workers’ Compensation Regulator [2023] QIRC 76 (6 March 2023), was won by Ms Karen Roberts as the Commissioner decided that Roberts’ experiences at work, over time, were the major contributor to her post-traumatic stress disorder. There are statements in this decision that the school’s management practices did not worsen her experiences, and there are arguments over the degree of influence of other factors, but there is no occupational health and safety (OHS) perspective here. Even though it is not an OHS prosecution, there is an important OHS context.

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OHS tidbits from the latest Productivity Commission Report

On March 17 2023, the Australian government released the Productivity Commission’s latest 5-year Productivity Inquiry report. At well over a thousand pages, few people are going to read it to the level it deserves. Nor will I, but I have dipped into it and found a couple of important comments that relate directly to the management of occupational health and safety (OHS).

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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.

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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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