Category: reasonably practicable

Billable Hours, Suicide Risk and the Professional Class’s Blind Spot

The legal profession has spent decades asking why lawyers are burning out, becoming depressed and leaving practice. The newly released Mental Health and Wellbeing in Legal Workplaces: A Global Guide may have inadvertently provided the answer. As is becoming clear elsewhere, the “mental health crisis” is less a psychological problem than an organisational and systemic one, even in a profession with a strong institutional culture, high legislative awareness and a sense of sophistication.

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If It Ain’t Broken…….

Earlier this week, I heard a person repeatedly say that Victoria was the last Australian jurisdiction to introduce obligations to prevent psychosocial hazards under occupational health and safety (OHS) laws. That is not strictly true.

Contrary to the established understanding, TWO Australian jurisdictions have not joined the harmonised Work Health and Safety (WHS) model laws: Victoria and Norfolk Island. Norfolk Island employers still regulate occupational health and safety (OHS) under an Act from 1988 created by its own legislative assembly, which existed at that time – the Norfolk Island Employment Act. “Psychosocial hazards” are not mentioned.

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What Cobb’s New Book Reveals About Leadership, Culture and Psychosocial Risk

Every book by Ellen Pinkos Cobb deserves close attention, as her perspective and approach to examining sexual harassment and psychosocial hazards in the workplace are unique and valuable. Her new book, “The Global Evolution of Bullying, Harassment, and Discrimination Laws” is a great addition to one’s library.

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Wellness Is Not Safety and Employers Can No Longer Avoid Their Duty

For a country with clear health and safety obligations for almost half a century, it’s remarkable how often Australia still hears employers say they’re “unsure” what psychological health and safety requires.  The duty has never been ambiguous.  Employers must provide work that is safe and healthy and free from risks so far as is reasonably practicable.  That obligation to prevent psychosocial hazards, the precursors to psychological ill-health, has been sitting in legislation since the 1970s and 1980s.  It didn’t suddenly appear.  It didn’t evolve spontaneously out of the primordial ooze.  For those of us under the age of 70, it has always been there.

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Migration Politics and Work Health and Safety

Like many other countries, Australia’s political debate seems dominated by immigration issues. This week, after Federal Minister Tony Burke announced the government’s revised immigration policy, Queensland primary producer Joe Moro linked migration to occupational health and safety (OHS) and labour availability.

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Understanding How Work-From-Home Reshapes Psychosocial and Safety Obligations

Yesterday I posed the following questions for Victoria’s upcoming Parliamentary Committee inquiry into proposed work-from-home (WFH) laws.

  • Does WFH increase or reduce psychosocial harm?
  • Does WFH improve or worsen fatigue, workload, or burnout?
  • Does WFH reduce commuting‑related risks (not just monetary costs)?
  • Does remote work affect hazard reporting or supervision?
  • Does WFH change the risk profile for vulnerable workers?

Below I offer some answers.

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Concussion Reform Won’t Happen Until We Stop Pretending Sport Is Exempt from OHS

The risk of concussion in professional sports is getting an increasing amount of attention, and the prevention of harm is starting to be considered, but the consequences of the changes required are being resisted or, perhaps more accurately, dreaded.

A recent article by John Hennessy of the Community Concussion Research Foundation (CCRF) in the Australian Financial Review highlights progress toward serious consideration of harm prevention in sporting workplaces.

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