Industrial Manslaughter comes to South Australia…. finally

South Australia is the latest Australian jurisdiction to introduce Industrial Manslaughter penalties.  The magnitude of the potential penalties is reasonable, given that they come from an employer’s reckless conduct that leads to a fatality.  However, many of the deterrent and preventive impacts expected by politicians and advocates have not been proven.

The Australian Broadcasting Corporation has an excellent article on the South Australian action.

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You can lead an employer to the law, but you cannot make them comply

Recently WorkSafe Victoria distributed two strategy documents to one of its reference groups. (They are not yet publicly available.) SafetyAtWorkBlog has seen the “Strategic approach to occupational health 2023-2026” and “Transport Fatality Prevention Strategic Approach 2023-2026”. The first includes the following occupational health categories:

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Psychosocial risks may need a new type of activism

Excessive working hours are a known occupational health and safety (OHS) hazard, both physically and psychologically. But when the excessive, excessive? When do these excessive hours start to create harm?

A recent article by the Centre for Work Health and Safety clarifies, confuses and may startle.

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What to do about workplace mental health? Talk, Listen, Examine

Seminars on workplace mental health must always offer solutions and not only (always) the solution that the host wants to promote. Occupational health and safety (OHS) needs to be more altruistic (Yes, it may be hypocrisy from a subscription blog). Recently I spoke on the issue of psychosocial hazards at work and offered this slide on “What can be done?” [Note: This article discusses suicide]

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Chalk and Cheese – legal seminars on mental health at work

Over the last few months, various seminars from law firms and others have focussed on how to comply with new and impending occupational health and safety regulations related to psychosocial hazards at work. Over the last fortnight, I attended two such seminars; they were as different as chalk and cheese, even though both had strong voices from lawyers, illustrating the sources of some of the confusion over the issue felt by some employers.

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Can we move on from HSRs, please?

Occupational health and safety (OHS) needs new thinking. One of the most important elements of successful OHS comes from Consultation – a sensible process and one required by law. A major process for OHS consultation in those laws is through the Health and Safety Representatives (HSRs). This legislative (recommended) option was practical but is now almost an anachronism, yet the OHS regulators continue to support the process because it is in the OHS laws. And few will speak against the process because it is being maintained by the trade union movement as one of the last legacies of political influence over workplace health and safety.

This month Queensland government released its report into the review of its Work Health and Safety laws with these two of the three categories of recommendations:

  • “elevation of the role of health and safety representative (HSR) at the workplace
  • clarification of the rights of HSRs and worker representatives to permit them to effectively perform the role and functions conferred upon them and to remove unnecessary disputation,….”

The absurdity of HSRs’ persistence can be illustrated by the rumour that WorkSafe Victoria will encourage sex workers to follow the HSR consultative process through the OHS guidance expected to be released later this year.

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The continuation of engineered stone can no longer be supported

The Housing Industry Association (HIA) is an effective government lobbyist for its members who can be relied on to make a submission to whatever opportunity the governments offer. The HIA does not provide details of membership numbers or names, but it does list its sponsors and partners. Recently HIA made a submission on “the prohibition on the use of engineered stone”. Its position held few surprises.

Perhaps also unsurprising is Kate Cole’s justification for a ban on engineered stone.

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