Category: law

The PM misses an opportunity for OHS leadership

Last week in Devonport, Tasmania, an inflatable jumping castle flew into the air injuring and killing several primary school-aged children.  Shortly after Prime Minister Scott Morrison conducted a press conference in conjunction with the Tasmanian Premier Peter Gutwein and others in which he spoke about the incident and its impact on the local community.  It is worth looking at the PM’s comments from an occupational health and safety (OHS) perspective.

Many readers will be aware that fatalities related to inflatable amusement devices becoming airborne are uncommon but not unknown, as the ABC article linked above shows.  Most Australian jurisdictions have issued OHS guidelines for amusement devices, including inflatable jumping castles. Here are links to two examples that illustrate the state of knowledge of the risk. This article makes no comment on the OHS circumstances of the Devonport incident.

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Increased OHS accountability sought

The political strategy of Ken Phillips of Self Employed Australia (formerly of the Independent Contractors of Australia) received a boost in The Age newspaper on December 12 2021, in an article headlined “Group to mount legal challenge to force prosecution of Premier over hotel quarantine disaster” online (paywalled) or “Business owners seek prosecution of Andrews over hotel quarantine” in the print version.

Phillips uses a section of Victoria’s Occupational Health and Safety (OHS) Act to make a political point about accountability. Previously, Phillips, his usual mainstream media contact Robert Gottliebsen, and others have called for Premier Daniel Andrews to be charged with Industrial Manslaughter (IM) over the deaths of over 800 people linked to a COVID-19 outbreak from the failure of Victoria’s hotel quarantine program. (The recent non-hotel outbreak is around 597 deaths)

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Some OHS approaches need the Industrial Relations touch

Several years ago, there was a proposal to produce a book of research linked to the work and themes of Professor Michael Quinlan. That book became “The Regulation and Management of Workplace Health and Safety“, and I recently obtained an affordable copy for my Summer break. (An excellent book review has been written by Eric Tucker on which this article is based)

There are many labour and industrial relations concepts in the book, many that I had to look up – pluralism, unitarism, politicalism. Read enough industrial relations (IR) research papers, and these terms might become second nature, but occupational health and safety (OHS) texts (what few there are of them) seem simpler and blander, generally avoiding the politics of work and therefore the politics of safety. Most of the recent OHS books seem to be dominated by Leadership and neuroscience *.

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Reluctance to address mental health notifications

Another example of the unwillingness of occupational health and safety (OHS) regulators feeling able to affect change in workplace mental health by looking outside the workplace is the United Kingdom’s Health & Safety Executive (HSE). Sadly this position contributes to unnecessarily stigmatising a legitimate workplace hazard.

On a recent episode of the Safety and Health Podcast on workplace suicides, Professor Sarah Waters said:

“Unlike other countries, unlike France, unlike the US, unlike most European systems, suicide, even where there are clear links to work is pretty much treated in the UK context as an individual mental health problem, there tends to be a denial on the part of the HSE on the part of other public agencies, that there is a link between suicide and work.”

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OHS must understand business perspectives and vice versa

This week Forbes magazine included a peculiar article about Australian occupational health and safety (OHS) headed “If You Think Managing Worker Health And Safety Is Expensive, Try An Accident“. The article written by Susan Galer includes several curious perspectives and mentions industrial manslaughter (IM).

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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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