lawyers – Page 6 – SafetyAtWorkBlog

Is WorkSafe jumping the gun?

In mid-February 2021, WorkSafe Victoria issued a media release informing the community that it has charged a contractor following a worker’s death at a residential building site in Ballarat. Informing the community in such an early stage of a prosecution raises the issue of fairness and, according to one prominent occupational health and safety (OHS) lawyer, appears a little “unseemly”.

The revelation of legal action in any area of enforcement is tricky, with each case raising unique combinations of concern. Does the accused know of the prosecution? And before anyone else is told? Is the revelation in the public interest? Does it taint any future hearing or court appearance? Does it affect the chance of a successful prosecution or a successful defence? All of these are valid questions that need asking and answering in each case. Worksafe would surely have considered these matters before the February 2021 media release, but let’s look at the release in a different context.

Business continuity planning by another name

Occupational health and safety (OHS) gets a mention in a full-page advertorial in the Australian Financial Review (AFR) (February 3 2021, page 33) revolving around the legal and business services of Clyde & Co. The advertorial contains a good example of the contemporary business jargon such as “organisational resilience” – a concept that has come to the fore during the COVID-19 pandemic.

“Organisational resilience” has several definitions but here is one used by the British Standards Institution:

“….the ability of an organization to anticipate, prepare for, respond and adapt to incremental change and sudden disruptions in order to survive and prosper.”

This has very strong similarities to the much longer-established concepts of “business continuity” or sustainability within which OHS has dabbled for decades.

Business nuggets from the Australian Financial Review

It is not possible to write as many occupational health and safety (OHS) articles as I would like to, and my newspaper clippings files are bulging by the time I get some time to tidy up. The Australian Financial Review (AFR) is an expensive business newspaper that often touches on OHS matters even though OHS may not be the core of the story. Below is a short discussion of many of those clippings from 2020. Most of the AFR articles are paywalled but can often be tracked down through other measures.

The HR approach to mental health needs to be challenged

Human Resources (HR) management may seem to be a bit of a punching bag in SafetyAtWorkBlog articles. There is no doubt that HR can do better to prevent harm, especially psychological harm, but so can ever other management profession. One 2018 article was recently reposted by Human Resources Director (HRD) magazine on workplace mental health which deserves some consideration.

Firstly the article is categorised under “Corporate wellness”, instantly locking it into a specific area of HR and occupational health and safety (OHS). The article, written by lawyer Amber Chandler of Barker Henley, also has relevance to risk management, due diligence, Industrial Relations or OHS and, as mentioned in another article recently, could benefit from being posted or cross-posted in those other categories, or even under “Leadership”. The categorisation is likely to have been an editorial decision but reveals something about HR and HR media.

The never-ending line between healthy and sick

Infographics are increasingly used to summarise sometimes quite complex reports about occupational health and safety (OHS) matters. But often the nuance of the facts being depicted are stripped away in the translation process. There is one graphic that is repeatedly used in the context of mental health that seems to misrepresent reality for the sake of clarity.

OHS prosecution request over COVID19 sent to WorkSafe

The Australian newspaper is notoriously supportive of the conservative side of Australian politics, so it is little surprise that one of its business journalists, Robert Gottliebsen, is maintaining his advocacy for Industrial Manslaughter and occupational health and safety (OHS) prosecutions over COVID19-related infections, echoing many of the desires of Ken Phillips, the head of Self-Employed Australian and Independent Contractors Australia.

Phillips wrote to WorkSafe Victoria on September 9, 2020 demanding a prosecution by WorkSafe Victoria of a swathe of Victorian government Ministers, public servants, police, as well as

“All members of the management team known as the State Control Centre………….”!

Useful look at Victoria’s Industrial Manslaughter laws

Eric Windholz has released a perceptive paper on Industrial Manslaughter (IM) that neatly summarises the risks and rationales behind these legislative changes to Victoria’s occupational health and safety (OHS) laws.

Windholz explains two functions of the amendments – a motivator for employers to improve OHS in their workplaces and to provide a pathway for bereaved families to actively consult with the government.

The mechanism for the families’ input is the Workplace Incidents Consultative Committee. Windholz writes:

Category: lawyers

Is WorkSafe jumping the gun?

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Business continuity planning by another name

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Business nuggets from the Australian Financial Review

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The HR approach to mental health needs to be challenged

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The never-ending line between healthy and sick

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OHS prosecution request over COVID19 sent to WorkSafe

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Useful look at Victoria’s Industrial Manslaughter laws

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