Category: law

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.

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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.

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2020 OHS plans for Queensland mines

Open cut rock quarry on the Gold Coast, Queensland, Australia. Source: zstockphotos

The Queensland Government’s “Safety Reset” of its mining industry was a remarkable achievement in 2019. The government intends to be equally active in occupational health and safety (OHS) in 2020, according to a media release dated 18 January 2020. Below are its “current and upcoming health and safety reforms”:

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Mental health prevention is still glossed over

The latest edition of CEO Magazine contains a brief report of a workplace mental health breakfast seminar. It is written by John Karagounis, the CEO of the CEO Circle, the host of the seminar. Prominent speakers included Julia Gillard, Paul Howes and Georgie Harman, all associated with beyondblue. The prevention of mental ill-health at work is only inferred in this article, which reflects the dominant, and limited, perspective of most of the mental health sector. A deeper and broader analysis of workplace mental health is deserved.

However, the article included two statements of note. Clarification is being sought on this Karagounis statement:

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What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

Continue reading “What employers need to know: the legal risk of asking staff to work in smokey air”

Auditing the auditors

In the wake of several corporate collapses, the UK Government commissioned a review of the business auditing sector. In 2019, the final report of the Brydon Inquiry was released recommending substantial changes to auditing. Occupational health and safety (OHS) is increasingly considered as part of corporate governance so these recommendations have a direct effect on OHS management and reporting.

This report is relevant to Australia for many reasons, principally, because the audit firms that were scrutinised by Donald Brydon operate here.

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