Category: lawyers

The OHS context of the Robert Doyle case

Source: Lucas Dawson Photography

The number of prominent men who have come a cropper as a result of their sexual harassment includes the Lord Mayor of Melbourne, Robert Doyle.  A workplace safety trade show in Melbourne recently conducted a public panel seminar on the issue of sexual harassment with particular emphasis on the Doyle case.  One of the Melbourne councillors at the time, Stephen Mayne, spoke via video.  The panel also included a representative of local government, a safety advocate and a lawyer.

One of the most curious elements of this event was that it was conducted in a trade show

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It’s not “all about safety”

The Australian media on May 16 and 17, 2018 contained several articles about the dropping of a blackmailing case against two prominent trade unionists, John Setka (pictured right) and Shaun Reardon.  There are many issues and allegations in this legal action which started from a contentious Royal Commission and an ongoing dispute between the CFMMEU and the Grocon construction company.

Some unionists, such as the ACTU Secretary, Sally McManus on ABC Radio, say that the current case was “all about safety”.  It is not all about safety and such misrepresentation needs to be called out.  The original dispute was over the election of Health and Safety Representatives (HSR) – whether these could be appointed by the company or the union.  This quickly became about power and influence not specifically about workplace health and safety.

There is no doubt that Setka has a

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Why hazards are not reported

Each year thousands of people express support for International Workers Memorial Day and the World Day for Safety and Health at Work publicly and through social media.  This is a statement of their commitment to occupational health and safety (OHS) as well as a call to continue action in improving workplace health and safety.  However, this usually does not add to the state of knowledge on OHS.

This year there was a couple of contributions of information that may be useful.  Shine Lawyers released the findings of a recent survey (not yet available online) into why workers do not report workplace incidents. The survey was largely overlooked by the media, perhaps because the full survey results have not been released publicly.

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5 top OHS issues for 2018

The annual Safety Institute of Australia (SIA) breakfast was held in conjunction with Herbert Smith Freehills (HSF) law firm on 21 February 2018.  This year the audience heard from two representatives of WorkSafe Victoria – Marnie Williams, the Executive Director and Paul Fowler, the Director of the Enforcement Group.

The WorkSafe presentations were interesting but included what was largely expected – an introduction to the recent Independent Review report and a reiteration of the WorkSafe Strategy 2030.   (More on WorkSafe’s presentation in the next article)

Some of the more thought-provoking content came from HSF’s Steve Bell.  He presented several issues and perspectives for consideration.

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Who reads the Robens Report and who will write the next one?

“Every year something like 1,000 people are killed at their work in this country. Every year about half a million suffer injuries in varying degrees of severity. 23 million working days are lost annually on account of industrial injury and disease.”

The existence of this statement is of no surprise to occupational health and safety (OHS) professionals. Similar statements are made all the time.  The sad surprise of this quote is that it appeared in 1972 on page 1 of the Safety and Health at Work – Report of the Committee 1970-72, otherwise know as the Robens Report.

Perhaps it is time to begin contemplating what OHS fundamentals we should apply in the next generation of workplace safety health and wellbeing laws ?

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Action demanded on sexual harassment in the entertainment industry

On 12 December 2017, part of Australia’s screen and television industry held a forum in Sydney about sexual harassment in the sector and what could be done to reduce this workplace hazard. This initiative occurred a day before an open letter was published about sexual harassment in the music industry.  There is a momentum for change on sexual harassment in the workplace, but it is at risk of resulting in a fragmented approach which will generate turf wars, confusion and, ultimately, ineffectiveness.

The

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