Category: state of knowledge

Why do we need a “positive duty” to prevent harm?

In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational health and safety (OHS) legislation has had its positive duty to prevent work-related harm since 1985. So why this current push for positive duties?

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OHS Lessons from the Antoinette Lattouf Case

Just before Christmas in 2023, Antoinette Lattouf was taken off-air by the Australian Broadcasting Corporation halfway through her five-day contract as a radio fill-in. It sparked an acrimonious unfair dismissal dispute. Last week the Australian Labour Law Association held a webinar on the case which touched on the occupational health and safety (OHS) perspective.

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Denmark and Australia Compared on Psychosocial Safety

Niru Tyagi recently wrote on LinkedIn about Denmark’s regulatory approach to work-related psychosocial hazards, comparing it the current Australian approach, framing Denmark as creating an industrial obligation. It is a perceptive comparison but downplays the significance in Australia of the criterion of reasonably practicable.

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Are emotion and anger also types of energy?

One of my previous employers was highly committed to occupational health and safety (OHS), but always gave the program, the schedule or utilisation a higher priority. Whether that was a justifiable compliance level was of little concern, as long as the auditors recertified the OHS management systems. The company realised their approach to OHS was not working, so it turned its focus on “critical risks”, which were, bluntly, anything that would kill you. But such was the strength of the culture that even this focus on critical risks failed to cut through and give OHS the respect that it legislatively deserves.

Matthew Hallowell‘s latest book, “Energy-Based Safety – A Scientific Approach to Preventing Serious Injuries and Fatalities (SIFs)“, discusses this focus on critical risks.

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OHS and Politics

In support of Australia’s Safe Work Month, I have recorded a 12-minute opinion piece on how Australian politics since 2010 has affected the perception and development of occupational health and safety, based on past SafetyAtWorkBlog articles.

It is an interesting opportunity to reflect on the decisions and actions of influential individuals like Julia Gillard, Kristina Keneally, Jeff Lawrence, and David Gregory.

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Polishing What Exists: Making Sense of the New Psych Safety Code

Prominent occupational health and safety (OHS) lawyers Dale McQualter and Catherine Dunlop have just concluded the first of two online seminars about Victoria’s new psychological/psychosocial regulations and compliance code. Many employers will have a lot of work to do to comply, but the overall sense was one of reassurance.

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Every Worker Deserves A Good Life

Work-related suicide is more insidious in some ways than non-work suicide, as it is institutionally stigmatised to the extent that its reality has been denied. There is an additional level of complexity when an employer is in control of the work, and a strong economic ideology often denies the influence of work factors. The tide is turning, but organisational factors are not receiving the prominence they deserve, and the change remains slow.

New Australian research is playing a crucial role in accelerating this change.

Note: This article discusses issues related to suicide.

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