The end-of-year reviews are starting to emerge from Australia’s law firms. The most recent release is from Maddocks, who have released several short reports on occupational health and safety (OHS) hazards and suggested controls for employers to apply. So this is a year-in-review for 2022, but it is also a forecast of what needs to be changed in 2023.
Recently Maddocks law firm partner Catherine Dunlop spoke on the Lawyers Weekly Show podcast about psychosocial risks in the workplace. Although the podcast aims at legal practices, Dunlop’s comments and advice seem to apply to many white-collar jobs and professions.
Dunlop said that the discussion about psychosocial hazards at work has matured since the sexual harassment Respect@Work report and that:
Recently Australian law firm Cornwalls published an article about workplace health and safety in support of National Safe Work Month. The article, written by Robert King, illustrates the difference between advice from a lawyer and advice from an Occupational Health and Safety (OHS) professional.
King advocates that National Safe Work Month is a good time to audit one’s OHS management system. He’s right, but anytime is a good time to undertake these audits as long as the auditor is independent and honest.
South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.
In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.
The Australian Institute of Health and Safety (AIHS) and Herbert Smith Freehills (HSF) annual breakfast physically returned this month after a few years of enforced absence. It kept its traditional structure – speeches from the local OHS regulator WorkSafe Victoria, representatives from HSF and AIHS and a summary of a salary survey report focused on occupational health and safety (OHS) professionals. The presentation that made the expense worthwhile came from one of HSF’s Regional Heads of Practice, Steve Bell, concerning new regulations for psychologically healthy workplaces.
Do unions want employers to hold an absolute duty of care for work health and safety? Do unions hate the concept “as far as is reasonably practicable”?
The last Australian jurisdiction to hold employers to an absolute duty of care was New South Wales. That position was eroded by the harmonisation process and NSW OHS laws moving to the Work Health and Safety regime. An absolute duty of care, in the SafetyAtWorkBlog dictionary, is that the employer is responsible for any injuries occurring at work.
Robert Gottliebsen continues to support the campaign led by Self-Employed Australia’s Ken Phillips, to have senior members of the Victorian government prosecuted for breaches of the Occupational Health and Safety (OHS) Act. However, his arguments are becoming weaker.
On February 13 2022, in his column in The Australian (paywalled), Gottliebsen made big claims for Phillips’ legal action, which is being crowdfunded and advised by anonymous (but “some of Australia’s top OHS”) lawyers. He concluded his latest article saying:
