Category: lawyers

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.

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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.

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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.

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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………….”!

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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:

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Are OHS laws part of the safety clutter?

A major barrier to change is that Australia, as a whole, has never subjected its occupational health and safety (OHS) laws to a detailed analysis to determine whether the legislation and the supportive documentation works. To be clearer, Australia has never subjected its laws to a “safety clutter” analysis. No one seems to have tried to determine if the laws have any positive benefit on operational safety?

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Call for change on sexual harassment could use support from OHS

Discussion on the sexual harassment allegations against former High Court judge Dyson Heydon continue even though some Australian States’ media have returned to COVID19 clusters and football. On July 6, 2020, five hundred women in the legal profession published an open letter calling for

“… wider reforms to address the high incidence of sexual harassment, assault and misconduct in the legal profession”

The signatories call for an independent complaints body for the Australian judiciary and changes to the appointment of judges. What is missing is Prevention.

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