Consumer Product Safety System review should be on the OHS radar

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.”

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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.

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Looks good but could be better

The Australian Financial Review on October 1 2019 contained an exclusive report on consulting firm (paywalled) Deloitte’s approach to mental health at work matters coinciding with National Safe Work Month. The original document is unlikely to be publicly released but Edmund Tadros‘ report provides some quotes and insights. The initiative seems very positive until you consider it in light of organisational changes recommended to control and prevent this psychological hazards from Safe Work Australia (SWA) guidance.

Tadros quotes Deloitte’s Australian CEO Richard Deutsch:

“Mr Deutsch said in the message that individual differences could mean “what I find stressful you may find motivating, and vice versa. I don’t want anyone to feel their health and wellbeing is compromised because of work”.

This broad statement fits with the employer’s duties under occupational health and safety (OHS) laws, so it’s a good start. But doubts about the strategy start to emerged when Deutsch mentions workload, a contentious issue for Deloitte’s junior staff:

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Communicating about OHS in New Zealand

Safety conferences rarely generate media interest unless the relevant occupational health and safety (OHS) Minister is speaking or there has been a recent workplace death or safety scandal. At the recent SafetyConnect conference held by the NSCA Foundation in Melbourne, SafetyAtWorkBlog was able to chat with the Editor of New Zealand’s SafeGuard magazine, Peter Bateman. Peter has been editing the magazine and writing about workplace health and safety for a long time and, as an outsider to the OHS profession, he has some useful perspectives on how to communicate about safe and healthy workplaces.

Peter Bateman and Kevin Jones in 2015

SAWB: Peter, great to see you at the Safety Connect conference in Melbourne, hosted by the National Safety Council of Australia Foundation.  So, day one, thanks for coming over from New Zealand.  You’ve been coming to safety conferences for a long time.  How important are safety conferences to your magazine given that Safeguard runs its own conferences as well?

PB: We’ve had the opportunity, through growing the credibility of the Safeguard brand through the magazine, that’s given us I think the trust and the credibility with readers so that when we launched the awards actually, the first event we launched way back in 2005 and then the main conference a couple of years later.  And they were small, but they were successful in their own way and we’ve just been fortunate to grow them year on year, so New Zealand Workplace Health and Safety Awards have been going for 15 years and the main Safeguard National Health and Safety Conference for almost as long.  Then from that we’ve managed to create some more specialist one-day conferences as well.

SAWB: I think I’ve seen a LegalSafe one.

PB: LegalSafe, which is more on the compliance side for those people who want more compliance side even though that’s not my particular area of interest.  But I recognise that a lot of people are very focused on compliance and fair enough.  Then more recently we’ve developed HealthyWork which started off as a way of bringing together traditional occupational health interests with the emerging wellbeing side but has really gone more into the wellbeing and psychosocial stuff as we’ve progressed. And in the last couple of years we’ve launched SafeSkills for H&S reps.

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Accountability, responsibility and possible jail time

Lawyers speaking at occupational health and safety conferences can be a bit hit-and-miss. Some are interested in minute complexities of law. Others are not comfortable talking about legal technicalities with non-lawyers. The presentation also depends on what the conference delegates want, and this can differ from day to day. But sometimes, a conference hears from a lawyer who not only practices law but reads the newspapers and seems the understand the social context of their work.

Last week, the SafetyConnect conference benefited greatly from a presentation by Jackson Inglis of Sparke Helmore (pictured above).

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“no one wants to call out the real issue” says Tooma

In August 2019, lawyer and author Michael Tooma (pictured right) was the keynote speaker at the 2019 National Work Health and Safety Colloquium ostensibly talking about his May 2019 presentation to the United Nations Industrial Development Organization (UNIDO). It was an important presentation of the paper he wrote is important. However, it was in the questions afterwards, on Industrial Manslaughter laws and accountability, where Tooma was most passionate and personal.

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