law – Page 66 – SafetyAtWorkBlog

Accountability in all that we do

“The way we do things around here” is a rough explanation to what many people mean by culture and, especially, a workplace safety culture. A culture is built or strengthened through personal interaction, conversations, relationship and a shared responsibility. Part of this is an expectation that workers will look out for each (which is also a legislative obligation), and crucial to this is the concept of the “ethical bystander“.

But recently this concept was applied in a new way in an American Court when a woman, Lisa Ricchio, who was kept and sexually assaulted repeatedly in a hotel room, sued the hotel alleging that the hotel owners financially benefited from the crime.

OHS and wage theft

Australia is several years into a scandal of underpayment of workers referred to, by some, as wage theft. Occupational health and safety (OHS) would not normally figure in a wages and industrial relations (IR) scandal but the scandal has a legitimate OHS context.

The previous, and ongoing, scandals are not going to be summarised in this article as there are plenty of articles elsewhere in lots of different media but there is a common thread in many of the scandals. Workers are not being paid for some of the time they spend at work, work that is commonly described as unpaid overtime. This unpaid overtime extends the working day, for a variety of reasons, and OHS may not accommodate these additional hours (as they are “not official”) or OHS may be “stretched”, or risks downplayed.

Ethics, safety and fingertips

Last week the Australian Institute of Health and Safety (AIHS) launched its Body of Knowledge Chapter on Ethics in Melbourne to a small group of occupational health and safety (OHS) professionals. Participants were asked to outline an ethical challenge they had faced as OHS professionals.

In that same week, WorkSafe Victoria issued a media release that showed a poor follow-through by a business on advice from an OHS professional.

Cliché creates mixed message on OHS

In a welcome announcement about additional funding for WorkSafeACT, the Australian Capital Territory’s Minister for Employment and Workplace Safety, Suzanne Orr, stated that

“Safety is everyone’s responsibility and we must work together to create a strong safety culture so all workers can return home safe at the end of the day”

Orr needs to have her people think a little deeper before using the “everyone’s responsibility” cliché especially as WorkSafeACT gains independence for the first time ever.

Can poor safety management = negligence?

L to R: Catherine Dunlop and Dale McQualter

In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:

“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”

A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.

Industrial Manslaughter – politics, suicide and misrepresentation

The 2020 business year has started with a bunch of occupational health and safety (OHS) seminars. Given last year’s moves towards Industrial Manslaughter laws in several Australian States, a discussion of these laws is inevitable and there are some voices calling out the politics of the issue. Herbert Smith Freehills’ Steve Bell is one of them.

The Brady Report busts myths and offers a new way

A bombshell occupational health and safety report was tabled in the Queensland Parliament on February 6, 2020. Dr Sean Brady of the Department of Natural Resources, Mines and Energy undertook a forensic assessment of mining fatalities occurring over almost 20 years and has made recommendations that busts some mine safety myths and offers a, potentially very disruptive, way forward.

Brady issued 11 recommendations with many of them hitting the OHS regime of mining companies and safety regulators hard. As the report is over 300 pages, this article is based largely on the Executive Summary.

Category: law

Accountability in all that we do

Like this:

OHS and wage theft

Like this:

Ethics, safety and fingertips

Like this:

Cliché creates mixed message on OHS

Like this:

Can poor safety management = negligence?

Like this:

Industrial Manslaughter – politics, suicide and misrepresentation

Like this:

The Brady Report busts myths and offers a new way

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: