The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.
In November 2022, then-Sex Discrimination Commissioner Kate Jenkins explained why sexual harassment in Australian workplaces continues to happen. Basically, she said this was because the sex discrimination laws were reactive to a worker complaint and placed no duty on employers to prevent these types of incidents. But there is more to it than that, and the recent imposition of a positive duty under sex discrimination laws is still not preventing work-related harm.
Recently, Federation Press published a weighty tome written by Arie Freiberg called “Regulation in Australia. 2nd Edition“. For those of you who are legislative junkies and can quote sections of occupational health and safety (OHS) law, you will love this, as it examines the mechanics of regulation, not just those of Industrial Relations or OHS. And there is some powerful context to market failures that often lead to new regulations, a perspective shared with Naomi Oreskes and Erik M Conway in their 2024 book, “The Big Myth“.
In the realm of occupational health and safety (OHS), Enforceable Undertakings (EUs) have emerged as a significant alternative to prosecution for companies that breach safety legislation. Recently, I had the opportunity to catch up with Naomi Kemp to explore the concept of EUs, their implications for workplace safety, exceeding compliance, and the restoration of relationships following incidents.
Occupational health and safety (OHS) podcasts are increasingly common. They are reaching peak-podcast just as peak-blog may have done a few years ago, BUT the increased attention to workplace psychological health continues to create more. A new, short, informative, and useful one is “Inside Safety” with lawyers Steve Bell and Nerida Jessup.
Recently, sentencing in a court case in Melbourne has generated much online chatter about excessive working hours and the exploitation of workers in a small law practice. One report of the $A50,000 fine against Erudite Legal says that the company:
“…forced a junior lawyer to work up to 24-hour days and watch an ice hockey movie at 1am so she could understand her boss’ philosophical position”.
Other media reports provide more details of the successful prosecution, but the occupational health and safety (OHS) context is mostly absent.
The latest edition of Creighton & Stewart’s Labour Law book (7th edition) has been released. I say “book”, but it is almost a brick, weighing in on my scales at 1.8 kilograms (see photo below). The book is excellent and probably authoritative, with the primary negative being its size and format. This article focuses on the 79-page occupational health and safety (OHS) chapter written by Richard Johnstone.
