Category: law

All quiet in SA, for now

South Australia (SA) goes to an election in March 2022, so it is a good time to examine any occupational health and safety (OHS) policies.

As per usual, the policies of the incumbent Liberal Party government are vague on broad themes like worker safety but can include specific pledges – new roads, better electricity system, for instance. These activities need workers, and Victoria’s infrastructure strategy, its “Big Build“, has performed politically well for Victoria’s Premier Dan Andrews.

The SA branch of the Australian Labor Party has a document of their current policies, and here are some of those related to workplace health and safety:

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A mouse that is trying to roar

Robert Gottliebsen continues to support the campaign led by Self-Employed Australia’s Ken Phillips, to have senior members of the Victorian government prosecuted for breaches of the Occupational Health and Safety (OHS) Act. However, his arguments are becoming weaker.

On February 13 2022, in his column in The Australian (paywalled), Gottliebsen made big claims for Phillips’ legal action, which is being crowdfunded and advised by anonymous (but “some of Australia’s top OHS”) lawyers. He concluded his latest article saying:

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Work, not Sex, won the day

On February 10 2022, the Victorian Parliament passed laws to decriminalise sex work, supporting the (Labor) government position that sex work needs to be treated the same as any other type of work. The debate, the culmination of decades of work by many sex work supporters and advocates, was won by emphasising the role of Work over the concerns about Sex. This is a strategy that other workplace safety advocates may consider.

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Speaking truth to power

Last week two young women, Grace Tame and Brittany Higgins, made speeches at the National Press Club about the sexual abuse of minors and an alleged sexual assault in Parl ment House, respectively, and the social changes required to prevent both risks. Both spoke about the need to prevent these abuses and assaults. OHS needs to understand and, in some ways, confront what is meant by preventing harm. The words of Tame and Higgins help with that need.

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New Perspectives in OHS

Yesterday the Central Safety Group (CSG) invited me to talk at its monthly lunchtime seminar. The topic was New Perspectives on OHS. These perspectives are likely to be familiar to subscribers of this blog but were intended to be provocative and foster reflection and discussion. Below is a substantially edited version.

Thanks for inviting me to be the first speaker in CSG’s 60th anniversary year. The Central Safety Group has been an important part of my OHS journey since the very start in the early 1990s. It is a remarkable achievement for the Group and, as a Life Member, I am very proud of my association with it.

OHS can become very insular. It can become too focussed on issues within a single industry, a single worksite or a discipline. This insularity can lead to OHS reaching seemingly operational dead ends, such as “this is the way it is” or what is “reasonably practicable are”. We may seek continuous improvement, but our employers and clients often see “reasonably practicable” as the endpoint of activity. It can become their comfort point of compliance.

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Trade Unions, Cost, Exploitation and Responsibilisation

Trade unions have been the longest and strongest advocates on occupational health and safety (OHS) in Australia. Still, their political influence is falling slower than its declining membership due to structural legacies, of which the tripartite OHS consultation is one. The trade union strategy for OHS was to monetise it so that changes in OHS could be the catalyst for or on which it can piggyback industrial relations (IR) reform. A recent review of the work of Professor Michael Quinlan and a video from United States economist and author Robert Reich illustrates elements of this process.

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Achievements and opportunities

In November 2022, Victoria has its State Election. The current Government of the Australian Labor Party has a solid parliamentary presence and is tipped to win another term of government. Although the 2022 Platform is yet to be released, it is worth looking at the 2018 policy document for what was promised and has been achieved in occupational health and safety (OHS) since then and speculating on what is left to do or announce in 2022.

The opposition Liberal Party of Victoria does not release policy documents but does include a list of its “beliefs”.

Below is a list of what Labor “will” do from the OHS chapter of its 2018 platform document:

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