Psychosocial laws may encourage political risks

In December, Australian law firm Maddocks launched its 2023 Year in Review. Two items were directly relevant to occupational health and safety (OHS) – Sexual Harassment and Psychosocial Safety – both addressed by Catherine Dunlop. The size of the challenge ahead on both these topics was shown by the Australian Financial Review on December 7, 2023:

“Fewer than half of directors are confident their companies will be able to adhere to new workplace sexual harassment standards when they come into force next week, with just one in five female directors saying their boards understand the requirements of the new regime.”

Outside of the Maddocks launch, there is also some speculation that Victoria’s proposed psychosocial regulations may never happen.

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Cultural and operational shortcomings in white-collar work

Long working hours and the billable hours structure received some attention in the prominent business newspaper. the Australian Financial Review, on November 11,2023. Unsurprisingly the article, by Edmund Tadros, about former Sex Discrimination Commissioner, Elizabeth Broderick has garnered attention in the business social media. The article reinforces the unsafe nature of the dominant management practices in white-collar workplaces.

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Should safety regulators consider a refocus in their approach?

With the continued expansion of occupational health and safety (OHS) legislative frameworks, have we gone a step too far to enable employers, particularly small- to medium-enterprises (SMEs), to operationally achieve and maintain compliance?  With the recent introduction of psychological health requirements across Australia, this question has never been more important.

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Toothless enforcement

Ross Gittins is a prominent Australian economics journalist. In The Age on September 20, 2023, he wrote an article about the recent spate of corporations being prosecuted and penalized for breaking the law. Many of his points can also relate to companies and executives breaking occupational health and safety (OHS) laws.

Continue reading “Toothless enforcement”

Softly, Softly, Catch the Monkey

As with most political party conferences, occupational health and safety (OHS) is a fringe issue. OHS or safety is sometimes mentioned in the big political speeches but often as an afterthought or obligatory mention that is rarely explored to the extent it deserves. The Australian Labor Party (ALP) recently held its national conference in Brisbane. Work health and safety was mentioned.

The ALP Conference is not intended to change Australian government policies. Its aim is to review and revise the ALP Party platform; it drops what may be redundant and improves the policy platform’s relevance. The conference may indicate party member concerns to the parliamentary members, but the government’s positions are for the parliamentary members to decide.

It should come as no surprise that the ALP has again refrained from banning the import and use of engineered stone even though the silicosis risks are well-established.

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Business lobbyist misses the point

Recently the Australian Industry Group Chief Executive, Innes Willox, addressed the National Press Club in Canberra. The AIGroup is one of the “go to” business groups, along with the Business Council of Australia and mining industry groups, that the business media knows will comment on anything when asked, and frequently when not asked. Willox’s August presentation was on Industrial Relations, but it also illustrates the workplace and political culture in which occupational health and safety (OHS) must operate.

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OHS lawyer says to trust your gut

Occupational health and safety (OHS) seminars can be a bit hit-and-miss. Sometimes they seem to be a front for promoting a new management program, but every so often, the information offered is perceptive and rewarding. Herbert Smith Freehills partner Steve Bell has been consistently rewarding over many years. No quoting Section 321 of an OHS Act or PowerPoint slide of obscure and semi-important court cases here. His latest seminar appearance covered

  • Due Diligence,
  • Industrial Manslaughter,
  • Psychosocial Risk Assessments
  • OHS Harmonisation.
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