law – Page 67 – SafetyAtWorkBlog

HR needs to broaden its pool of risks

Human Resources (HR) professionals often have an enviable degree of influence over the decision making of company executives. In modern parlance, they are “influencers”; as such it is useful to keep an eye on the advice offered by the association that represents HR professionals, the Australian Human Resources Institute (AHRI).

Recently, freelance journalist, David Barbeler wrote “A comprehensive look at what lies ahead for workplaces in 2020” in AHRI’s HR Magazine. Given that the article is headlined as comprehensive, there are several peculiar occupational health and safety (OHS)-related omissions, especially workplace sexual harassment, Industrial Manslaughter, suicide and mental health.

Industrial Manslaughter exemption for mining looks over

Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.

Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.

WorkSafe ACT shows its frustration in its latest Safety Alert

On January 23 2020, WorkSafe ACT released a curious safety alert. It was not about scaffolding, bushfire smoke, PPE, but about “safety systems on worksites”. It was not about things but about process.

Ballarat workers’ memorial

Ballarat Trades Hall is looking for an artist to design and produce a memorial to Jack Brownlee and Charlie Howkins who died as a result of a trench collapse in Delacombe, Victoria in 2018. Any memorial requires careful consideration and broad consultation with all the relevant stakeholders.

Worker exploitation may be cultural but is still harmful

The Australian Medical Association (AMA) has released a media statement based on new research into mental illness and suicidal ideation of junior doctors. Given that the relationship between excessive working hours and mental health is increasingly becoming an occupational health and safety (OHS) issue, SafetyAtWorkBlog sought some clarification to some of the quotes in the statement attributed to AMA President, Dr Tony Bartone.

The January 23 2020 media release quoted Bartone saying:

“A healthy medical profession is vital to patient safety and quality of care, and the sustainability of the medical workforce,… Significant evidence already exists to show that doctors are at greater risk of psychological distress and stress-related problems. This new research provides clear additional insight into how the workplace can affect the health and wellbeing of the medical profession. Long working hours, unpredictable rosters, overtime, being on-call, and night shifts are significant systemic barriers to the maintenance of physical and mental health and wellbeing. There is an established link between working more hours and having higher rates of anxiety, depression, and psychological distress.”

These are the questions put to the AMA:

The media release lists several “systemic barriers” that are generating poor psychological health. It seems that most of these barriers would be removed or weakened if hospitals had more staff. Is the psychological harm a result of insufficient staffing levels? And is this a result of underinvestment in hospitals?
Is the fatigue, psychological harm, etc. a result of trying to make do with the available resources? If so, what new income or labour sources are being sought?
Why do you think the trend towards safe working hours stalled?

Take a good hard look at your business and do something about it

The Medical Journal of Australia (MJA) published an opinion piece on January 20, 2020 concerning working hours in the medical profession and the risk of mental health and suicide from working excessive hours. It uses the Japanese problem of “karoshi” to illustrate the severity of the workplace risks but it misses a couple of points.

It references the amendments to Victoria’s Occupational Health and Safety (OHS) legislation that introduced an offence of Industrial Manslaughter but implies that this amendment changes the duty of care expected of employers and changes a worker’s right to a safe and healthy workplace.

OHS law could prevent the psychological harm of sexual harassment

The prevention of psychological harm generated by sexual harassment has been a recurring theme in the SafetyAtWorkBlog. It is heartening to see similar discussions appearing in labour law research.

An article, published in the Australian Journal of Labour Law, called “Preventing Sexual Harassment in Work: Exploring the Promise of Work Health and Safety Laws” written by Belinda Smith, Melanie Schleiger and Liam Elphick strengthens the role that occupational health and safety (OHS) laws can play in preventing sexual harassment and its harm.

Category: law

HR needs to broaden its pool of risks

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Industrial Manslaughter exemption for mining looks over

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WorkSafe ACT shows its frustration in its latest Safety Alert

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Ballarat workers’ memorial

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Worker exploitation may be cultural but is still harmful

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Take a good hard look at your business and do something about it

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OHS law could prevent the psychological harm of sexual harassment

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