Category: law

Diagnosis is the key

Part 2 of 2

Safe Work Australia (SWA) has reported on “mental health conditions” in its latest report on workers compensation claims and that these conditions represent 9% of claims for the 2018-2019 period (page 20). Claims have also increased in this category from 6,615 in 2000-2001 to over 10,000 in the latest data period. Mental health conditions are described elsewhere by SWA as affecting non-physical bodily locations (page 38).

As with many other reports, “mental health conditions” are not defined, but SWA states that this phrase is an alternative to “psychological injuries”. It also gives a numerical and dollar value to these conditions:

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Are “mental health conditions” good or bad?

Part 1 of 2

Many organisations provide support for those experiencing mental health conditions, in workplaces particularly. These are important services; some have filled the gap left by the occupational health and safety (OHS) profession and regulators who neglected psychological health to prioritise traumatic physical injuries. But what is meant by “mental health conditions”? SafetyAtWorkBlog went on a short desktop journey to find out.

On 14 October 2021, the Australian Chamber of Commerce and Industry released a report called “Small Business, Mental Health; navigating the complex landscape“. Part of that complexity stems from the confusing terminology about “psychosocial health” and “workplace mental health”. The ACCI says:

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Lessons for many in the prosecution of Pipecon

The prosecution of Pipecon over two of its workers who died in a trench collapse in March 2018 has opened in Ballarat’s County Court this week. Day one of the plea hearing was reported in the local newspapers and provided details of the circumstances of the events leading up to the deaths of Charlie Howkins and Jack Brownlee.

The investigation of Pipecon generated great bitterness in Ballarat and not only for the Howkins and Brownlee families. There were strong rumours that Pipecon would plead not guilty and argue that their workers were responsible for the trench collapse. Understandably people were angry that the responsibility for the worksite would be transferred to the dead workers.

Several weeks ago, the Court heard that Pipecon would plead guilty to breaches of the Occupational Health and Safety (OHS) Act. Those alleged breaches are being presented in the current plea hearing. As the case is being heard in the County Court, in time, additional details of the findings of the Court will be publicly released, as opposed to cases heard in the Magistrates’ Court.

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Be careful of the Precautionary Principle

The Precautionary Principle has appeared regularly in SafetyAtWorkBlog articles. There is a new publication from the American Industrial Hygiene Association (AIHA) in which this principle is succinctly explained in relation to COVID-19 but equally applicable to decisions on occupational health and safety (OHS).

The new publication “The Role of the Industrial Hygienist in a Pandemic, 2nd edition” includes a chapter on the Precautionary Principle. It is the first section of that chapter that is most relevant. It says:

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“how-to-lift training does not work”

In 2017, this blog reported on an article from WorkSafe Queensland that said that manual handling training in “correct manual handling” or “safe lifting” did not prevent musculoskeletal injuries. WorkSafe supported this by extensive research, but training courses continue today, perpetuating an over-reliance on manual handling as a suitable risk control measure, which does not meet the compliance requirements of the occupational health and safety laws.

Last month WorkSafe Queensland released a video that updated and reinforced their position.

Continue reading ““how-to-lift training does not work””

Quad bikes, compliance, mandates, misdirection and rules

Last week it became illegal for a new or second-hand quad bike to be sold in Australia without a crush protection device (CPD) fitted at the point of sale. This achievement has been decades in coming and has involved bitter fighting between advocates of safety and the sellers and manufacturers of this equipment.

This blog has followed this controversy for years. Quad bike safety is a significant illustration of the political and commercial pressures that have argued for a lowered level of safety than was possible. This conflict is perhaps the most public display of a moral conflict whose resolution is at the heart of occupational health and safety (OHS). (This controversy deserves a book similar to those about glyphosate and asbestos)

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COVID vaccination concerns exist in workplaces too

Recently NSCA Foundation conducted an online seminar on mandatory vaccinations. As happens with many online seminars, this one became more of a lecture because there was insufficient time allocated to answer the questions from the audience. The online seminar was in three sections – Occupational Health and Safety (OHS), Industrial Relations (IR) and Privacy. The information from Sparke Helmore lawyers was fine and current, but the questions from the audience provide an interesting insight on some of the main COVID vaccine challenges facing employers.

The seminar started with a useful poll. Below are the questions and results:

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