Category: law

Ardent Leisure charged with safety breaches

The big occupational health and safety (OHS) news in Australia on 21 July 2020 was the prosecution of Dreamworld‘s parent company, Ardent Leisure, for breaches of the Work Health and Safety legislation over the deaths of four customers who were riding the Thunder River Rapids Ride four years ago. The prosecution has been expected for some time and is likely to take many months. More details will emerge as they did in the Coronial Inquest that slammed Dreamworld’s safety reputation.

In this article, I look specifically at the statement that Ardent Leisure sent to the Australian Stock Exchange (ASX) as it is in an interesting example of mea culpa, OHS under-investment and damage control.

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Important gig economy report unlikely to affect change

Then current coronavirus pandemic has disrupted workplaces around the world with those most effected being low socioeconomic sectors, including those working on a casual basis or in precarious, gig occupations. Last week the Victorian Government received the final report from its Inquiry into the Victorian On-Demand Workforce. This report is likely to be crucial in assisting the government to develop a safe and healthy strategy for the post-pandemic world of work.

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What to do when someone “cracks the shits” over safety

It is established that several major manufacturers of quad bikes have “cracked the shits” (ie had a tantrum) and now refuse to sell their vehicles to the Australian market. How to respond to this type of action is to restate the facts and this is exactly what the Australian Competition and Consumer Commission (ACCC) did this month when it released its Quad Bike Safety Standard fact sheet.

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Australians become impatient for change on sexual harassment

Victoria, perhaps, has the best chance of applying occupational health and safety (OHS) principles to the prevention of sexual harassment and the psychological harm that harassment can generate. In the wake of the sexual harassment allegations against former Justice Dyson Heydon, several reviews into the legal profession have been announced.

Sexual harassment at work remains on the national agenda with the Federal Government yet to respond to the Australian Human Rights Commission’s (AHRC) Respect@Work Report which has been sitting with the government since March 2020.

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Are OHS laws part of the safety clutter?

A major barrier to change is that Australia, as a whole, has never subjected its occupational health and safety (OHS) laws to a detailed analysis to determine whether the legislation and the supportive documentation works. To be clearer, Australia has never subjected its laws to a “safety clutter” analysis. No one seems to have tried to determine if the laws have any positive benefit on operational safety?

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“Justice Tempered” – ethics and abuse

Recently the Finance Sector Union (FSU) released a small study on ethics and capitalism. The report illustrates how poor corporate ethics and greed created a disregard for the mental health of the finance industry’s workers as well as the financial and mental health of its customers.

The report – “Justice Tempered – How the finance sector’s captivity to capitalist ethics violates workers’ ethical integrity and silences their claims for justice” – was written by John Bottomley, Brendan Byrne and John Flett. Although it is based on detailed interviews with only eight finance sector workers, the authors use these conversations as a catalyst for broader discussions of ethics with extensive cross referencing of relevant, books, publications and, especially, the findings and report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

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Call for change on sexual harassment could use support from OHS

Discussion on the sexual harassment allegations against former High Court judge Dyson Heydon continue even though some Australian States’ media have returned to COVID19 clusters and football. On July 6, 2020, five hundred women in the legal profession published an open letter calling for

“… wider reforms to address the high incidence of sexual harassment, assault and misconduct in the legal profession”

The signatories call for an independent complaints body for the Australian judiciary and changes to the appointment of judges. What is missing is Prevention.

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