Category: law

Prohibition on Administrative Controls for psychological health at work

The Australian Institute of Health and Safety (AIHS) and Herbert Smith Freehills (HSF) annual breakfast physically returned this month after a few years of enforced absence. It kept its traditional structure – speeches from the local OHS regulator WorkSafe Victoria, representatives from HSF and AIHS and a summary of a salary survey report focused on occupational health and safety (OHS) professionals. The presentation that made the expense worthwhile came from one of HSF’s Regional Heads of Practice, Steve Bell, concerning new regulations for psychologically healthy workplaces.

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Two steps forward and one back

Employers are less criticised about their workplace health and safety performance than the government, even though it is employers who have the primary duty of care for their workers’ occupational health and safety (OHS). The Federal (conservative) government and Prime Minister remind us regularly that the responsibility for OHS sits in the State and Territory jurisdictions. No one seems to accept their own responsibilities for OHS, so it is little surprise that worker health and safety has no effective national coordination.

Recently the Australian Council of Trade Unions (ACTU) released an OHS report entitled “Morrison Missing in Action on Work Health and Safety“. It is also looking in the wrong direction. Of course, the Prime Minister is missing in action – employers have the primary duty of care, which local jurisdictions enforce.

Although this document has good OHS information, references and statistics, it is primarily part of the current federal election campaign, reporting information that the politicians mostly already know.

Continue reading “Two steps forward and one back”

Anger is an energy*

Last week a Victorian politician and a senior bureaucrat spoke about occupational health and safety (OHS) at the Worksafe Victoria awards night. On April 28, 2022, the same bureaucrat and a couple of other politicians spoke at the International Workers Memorial at Trades Hall in Melbourne. Did they say anything useful? Did they say anything that changes or progresses OHS? And who was the audience?

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OHS record restated, but employers omitted

The WorkSafe Awards night for 2021 was postponed a couple of times from its traditional date in Workplace Health and Safety Month, October. The April 21, 2022, event held the potential for a political statement, given that 2022 is an election year for Victoria, and the event was held one week before International Workers Memorial Day. No such luck. We may have to wait for October 2022, a month before the November election.

The Minister for Workplace Safety, Ingrid Stitt, could not attend, but Bronwyn Halfpenny, the Parliamentary Secretary for Workplace Safety, did. Halfpenny is very active in occupational health and safety (OHS) and the government’s working group of bereaved families, but her speech at the awards event reiterated the government’s OHS reforms. Like other members of the government, she gives a great deal of significance to Industrial Manslaughter changes. These changes have generated fear at senior management levels but little difference in employers’ commitment to improving workplace safety and health. A big stick is pointless unless it is used and used as intended.

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Industrial Manslaughter, psychologically safe workplaces and insecure work – just another day in the Senate

Australia has entered a federal election campaign, but the mechanics of the Australian parliament continued, and various occupational health and safety (OHS) comments were voiced in Senate Estimates. These comments touched on Industrial Manslaughter, regulations on psychologically safe workplaces and insecure work.

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Should heartlessness be the status quo?

On April 7, 2022, prominent trade unionist Luke Hilakari had an opinion piece published in The Age newspaper titled “Paul was told he has arthritis. His workplace injury was far more serious”. Hilakari told a story, familiar to many, of one man’s journey from workplace injury to impecunious hardship.

The story is tough to read and full of injustices, but the political point of the article is lost. The Victorian Government has been provided with a report that could reduce the bureaucratic and surveillance challenges faced by Paul, but the system itself will not change.

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Nobody hates ‘”reasonably practicable” – we tolerate it

Do unions want employers to hold an absolute duty of care for work health and safety? Do unions hate the concept “as far as is reasonably practicable”?

The last Australian jurisdiction to hold employers to an absolute duty of care was New South Wales. That position was eroded by the harmonisation process and NSW OHS laws moving to the Work Health and Safety regime. An absolute duty of care, in the SafetyAtWorkBlog dictionary, is that the employer is responsible for any injuries occurring at work.

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