Category: law

Do we have to work?

You often learn more about your area of speciality from reading outside of that speciality. Matthew Taylor’s book “Do We Have To Work?” is one of those books though it overlaps with occupational health and safety (OHS), if one thinks of the role and place of OHS in modern business.

The Big Idea series of books by Thanes & Hudson uses a jaunty format that is jarring in some ways but attractive in others. Its pages use fonts of different sizes, lots of colour images and highlighted cross-references that look like a Dummies Guide on acid, but the content is so good the reader works out where to look and what to choose fairly quickly.

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Past findings may offer strategies for the future

Further to the recent article about the 2004 Maxwell Report, it is useful to note the recommendations peppered throughout the report, as collated by K Lee Adams. Although aimed at the Victorian Workcover Authority and WorkSafe Victoria, these are interesting ideas that could be asked of any occupational health and safety (OHS) authority currently. Some have already been addressed; others were posed 18 years ago and have not progressed. The recommendations have been numbered for easier reference.

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Wage theft needs more OHS analysis

Journalist Ben Schneiders has written an excellent book about wage theft in Australian businesses – where it came from, why it persists, and the inequality it generates through institutional and wilful exploitation. What is missing is a chapter, at least, on the occupational health and safety (OHS) contexts of this exploitation. OHS is touched on but is also missed when discussing some of the pay and working conditions.

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Fascinating trend survey that is really a snapshot

The Australian Chamber of Commerce and Industry (ACCI) has released a fascinating report into occupational health and safety (OHS) trends in Australia. As with the survey report by the Australian Council of Trade Unions earlier this month, the results are far from representative of the Australian population. In fact, the ACCI report is based on only 86 respondents.

The small sample limits some of the conclusions made by ACCI’s Director WHS Policy, Jennifer Low, but regardless, the report provides some insight into the OHS priorities, concerns and OHS literacy of ACCI members.

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Sacking may eliminate a hazard but allow toxic work cultures to persist

A Queensland inquiry into how Police respond to and handle domestic violence incidents has gained an occupational health and safety (OHS) context. According to The Guardian newspaper (paywalled).

“Employment law experts say the weak police discipline system and the ongoing employment of problematic officers have created “clear breaches of duty” under workplace health and safety laws, which require organisations to provide a safe environment for employees.”

Perhaps the article is more telling in the assumption that offending Police are unredeemable, with the only option being to sack them. OHS duties are meant to be supportive, but they also advocate that workplace hazards should be eliminated, as this is the most effective risk control measure.

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Disconnect and Positive Duties

Recently the Australian government released the interim report of the Select Committee on Work and Care. This committee is one to watch for many reasons; the least is that it is chaired by Senator Barabara Pocock, a leading researcher and writer on issues related to work/life balance and workplace equity. The report does not address occupational health and safety (OHS) risks directly;y but discusses many of the flexible work structures that can affect workers’ mental health.

One element of the Committee’s report deals with the Right to Disconnect – the right to turn off from the always-on workplace; a policy that returns the focus of days off to relaxation, hobbies or reconnection with friends and family.

Another is the imposition of another work-related positive duty.

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Why isn’t work safer?

Recently Australian law firm Cornwalls published an article about workplace health and safety in support of National Safe Work Month.  The article, written by Robert King, illustrates the difference between advice from a lawyer and advice from an Occupational Health and Safety (OHS) professional.

King advocates that National Safe Work Month is a good time to audit one’s OHS management system.  He’s right, but anytime is a good time to undertake these audits as long as the auditor is independent and honest.

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