law – Page 73 – SafetyAtWorkBlog

Time for a rebrand to Organisational Health and Safety?

Outside of unionised workplaces, psychological hazards are usually managed as part of the Human Resources (HR) function. HR’s principal reference point is the industrial relations (IR) laws. Occupational health and safety (OHS) overlaps with IR and HR but is usually treated as the annoying little brother following his siblings, who know better because they are older and closer to adulthood.

This situation must change for employers to effectively prevent mental ill-health in their workplaces, but it will require more concessions, or maturity, from Human Resources professionals. Lawyer Alena Titterton hinted at this change in a recent article for the Australian Institute of Health and Safety.

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Anonymous reporting in Victoria’s legal sector

Industry groups and employers should accept the reality of their occupational health and safety (OHS) duties, especially concerning sexual harassment. Recently the Victorian Legal Services Board (VLSB) launched an online complaints service for lawyers. According to the September 16, 2021, media release, the service:

“…enables both targets and witnesses of sexual harassment to report what happened, where, when and to whom. Reporters can provide as much or as little detail as they feel comfortable”

The attraction of this service is that one would expect such a service from a legal services board to be spot on with its legal and privacy, and human rights obligations. But then, that comes from a non-lawyer.

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Avoiding COVID-19 distractions is essential

Recently Australian law firm Herbert Smith Freehills conducted a webinar on mandatory vaccinations. (2,000 attendees = hot topic) This workplace issue is moving quickly in each Australian jurisdiction and almost every day. There was some helpful advice in this seminar that was, thankfully, not reliant on case law and the avoidance of occupational health and safety (OHS) liability. Below is a discussion of some of the self-analysis and risk assessment that all employers should undertake to manage their workforce through COVID-19.

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Off-centre perspectives can offer great potential

The Australian government has failed to follow through on its early promises to provide a framework for employers to prevent and reduce sexual harassment in their workplaces. This failure is being interpreted as revealing something about employers’ attitudes to occupational health and safety (OHS) and their own legislative duties.

Employers (and other groups on non-OHS issues) who look to the government for guidance on issues that already have legislative requirements are looking to avoid the social and legal obligations that have usually existed for years. Sexual harassment is an excellent example of a workplace matter getting some serious attention regardless of the government’s inaction. A recent podcast by Maddocks lawyers Catherine Dunlop and Tamsin Webster is part of that attention.

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Mandatory vaccinations without making vaccinations mandatory

In a little over a month, the Australian conversation about mandatory vaccinations at work has changed dramatically. In early August, food processing company SPC was treated suspiciously over its requirements for its workers, customers, and contractors to be vaccinated against COVID-19. Recently, the New South Wales Premier, Glady Berejiklian, required vaccinations for workers to move outside of certain residential locations. And today, the Victorian Health Minister, Martin Foley, has all but made vaccinations mandatory for the construction industry.

As Berejiklian has shown, you don’t need to impose mandatory vaccinations to make vaccinations mandatory.

“Too little, too late” but potential in primary prevention

On Australia’s Women’s Safety Summit, Wendy Tuohy contemplated, in The Age, after the first day;

“It may turn out to be too little, too late, but if there’s real commitment behind Morrison’s lines, we could conclude it’s a start.”

There are few signs of Prime Minister Scott Morrison’s commitment. Women will continue to work in companies and workplaces where they are at risk of psychological harm from sexual harassment and physical harm from sexual assault. Occupational health and safety (OHS) laws offer a harm prevention option that nobody seems keen to consider.

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Image reuse resolved, sort of

It has taken several months to obtain some clarity from the Copyright Agency about WorkSafe’s reuse of an image of mine in one of their email broadcasts without my knowledge.

This week the Copyright Agency advised:

“The Government Statutory Licence, in particular that under s.183 of the Act, allows the Government (Commonwealth and State/Territory Governments) to use copyright for government purposes but they must come to terms with the rightsholder or (for government copies i.e. reproduction) the declared collecting society. It seems that the use of your image by WorkSafe Victoria in the manner you describe likely falls within the uses allowed under s.183.

Category: law

Time for a rebrand to Organisational Health and Safety?

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Anonymous reporting in Victoria’s legal sector

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Avoiding COVID-19 distractions is essential

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Off-centre perspectives can offer great potential

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Mandatory vaccinations without making vaccinations mandatory

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“Too little, too late” but potential in primary prevention

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