law – Page 46 – SafetyAtWorkBlog

Safety is less of a joke but still struggles for credibility

In a SafetyAtWorkBlog post from early 2008, “Is OHS a Joke?“, I included an example of the misunderstanding of occupational health and safety (OHS) by a supermarket worker. This echoed some of the myths being busted by the United Kingdom’s Health and Safety Executive. OHS is less of a joke in 2010, but only just. HSE’s myth-busting campaign was suspended in 2018, but OHS may face a more significant challenge than ridicule, its credibility. The application of OHS laws is gradually eroding the “occupational” from the “health and safety”, and the social ripples of this change are only just being acknowledged.

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OHS remains the bastard child of HR and IR

There continues to be a competitive tension in Australia between the professions (if they are professions) of Human Resources (HR) and Occupational Health and Safety (OHS). This has been most obviously on display in relation to sexual harassment and the psychological harm that results.

Recently Marie Boland, about to be the 2021 Residential Thinker at the University of South Australia, spoke about this tension and much more in an online lecture about “HR: A Human Resources or a Human Rights approach to work health and safety“. At that lecture, Boland said that she pins her hopes for improvement on the new Work Health and Safety Regulations because

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Diagnosis is the key

Part 2 of 2

Safe Work Australia (SWA) has reported on “mental health conditions” in its latest report on workers compensation claims and that these conditions represent 9% of claims for the 2018-2019 period (page 20). Claims have also increased in this category from 6,615 in 2000-2001 to over 10,000 in the latest data period. Mental health conditions are described elsewhere by SWA as affecting non-physical bodily locations (page 38).

As with many other reports, “mental health conditions” are not defined, but SWA states that this phrase is an alternative to “psychological injuries”. It also gives a numerical and dollar value to these conditions:

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Are “mental health conditions” good or bad?

Part 1 of 2

Many organisations provide support for those experiencing mental health conditions, in workplaces particularly. These are important services; some have filled the gap left by the occupational health and safety (OHS) profession and regulators who neglected psychological health to prioritise traumatic physical injuries. But what is meant by “mental health conditions”? SafetyAtWorkBlog went on a short desktop journey to find out.

On 14 October 2021, the Australian Chamber of Commerce and Industry released a report called “Small Business, Mental Health; navigating the complex landscape“. Part of that complexity stems from the confusing terminology about “psychosocial health” and “workplace mental health”. The ACCI says:

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Lessons for many in the prosecution of Pipecon

The prosecution of Pipecon over two of its workers who died in a trench collapse in March 2018 has opened in Ballarat’s County Court this week. Day one of the plea hearing was reported in the local newspapers and provided details of the circumstances of the events leading up to the deaths of Charlie Howkins and Jack Brownlee.

The investigation of Pipecon generated great bitterness in Ballarat and not only for the Howkins and Brownlee families. There were strong rumours that Pipecon would plead not guilty and argue that their workers were responsible for the trench collapse. Understandably people were angry that the responsibility for the worksite would be transferred to the dead workers.

Several weeks ago, the Court heard that Pipecon would plead guilty to breaches of the Occupational Health and Safety (OHS) Act. Those alleged breaches are being presented in the current plea hearing. As the case is being heard in the County Court, in time, additional details of the findings of the Court will be publicly released, as opposed to cases heard in the Magistrates’ Court.

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Be careful of the Precautionary Principle

The Precautionary Principle has appeared regularly in SafetyAtWorkBlog articles. There is a new publication from the American Industrial Hygiene Association (AIHA) in which this principle is succinctly explained in relation to COVID-19 but equally applicable to decisions on occupational health and safety (OHS).

The new publication “The Role of the Industrial Hygienist in a Pandemic, 2nd edition” includes a chapter on the Precautionary Principle. It is the first section of that chapter that is most relevant. It says:

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“how-to-lift training does not work”

In 2017, this blog reported on an article from WorkSafe Queensland that said that manual handling training in “correct manual handling” or “safe lifting” did not prevent musculoskeletal injuries. WorkSafe supported this by extensive research, but training courses continue today, perpetuating an over-reliance on manual handling as a suitable risk control measure, which does not meet the compliance requirements of the occupational health and safety laws.

Last month WorkSafe Queensland released a video that updated and reinforced their position.

Category: law

Safety is less of a joke but still struggles for credibility

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OHS remains the bastard child of HR and IR

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Diagnosis is the key

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Are “mental health conditions” good or bad?

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Lessons for many in the prosecution of Pipecon

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Be careful of the Precautionary Principle

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“how-to-lift training does not work”

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