In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:
“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”
A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.
On January 23 2020, WorkSafe ACT released a curious safety alert. It was not about scaffolding, bushfire smoke, PPE, but about “safety systems on worksites”. It was not about things but about process.
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”:
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:
Last year the Scientific Meeting of the Australia and New Zealand Society of Occupational Medicine (ANZSOM) had a fiery discussion on the occupational health and safety (OHS) risks of cutting engineered stone. The status has changed a lot over 12 months with various Codes of Practice, new exposure limits, a National Dust Disease Taskforce and lobbying from Erin Brockovich. However the risk of worker exposure seems too have not changed this much because it is employers who are responsible for safe workplaces and there are many layers of OHS-related communication between research and practical application.
Dr Graeme Edwards (pictured above) spoke first in the ANZSOM panel on October 29 and he came out with all guns blazing.
“Prima facie evidence of system failure. That’s what accelerated silicosis means. It is an entirely preventable disease.”
There are strong parallels between the National Inquiry into Sexual Harassment in Australian Workplaces and others addressing workplace issues, such as the Victorian Royal Commission into Mental and the Productivity Commission’s mental health inquiry, but there is also a connection to the Royal Commission into Banking and Financial Services which has focused the minds of some of Australia’s corporation s and leaders into examining their own workplace cultures and, for some, to reassess the role and application of capitalism.
This is going to become even more of a critical activity as the National Sexual Harassment Inquiry completes its report prior to its release in the first month or two of 2020.
Cultural analysis, and change, is often best undertaken first in a microcosm or specific social context. The experiences of sexual harassment of rural women in Australia is one such context, a context examined in detail by Dr Skye Saunders in her book “Whispers from the Bush“.
Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.
This consultation is a direct result of the recent review of Australian Consumer Law:
“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”
page 7
The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.
