Late last week, it was announced that prominent lawyer Michael Tooma was leaving Clyde & Co for a position with Hamilton Locke, focussing on environment, social, and governance matters. This is interesting in one way, as lawyers move firms regularly, but his comments about the social harm from law firms’ reliance on billable hours was more interesting.
South Australia’s Industrial Manslaughter Bill is being negotiated in its Parliament. New South Wales’ version is in development, and Tasmania has said it does not want to be left out, so the government has flagged its intention to have Industrial Manslaughter (IM) laws. Each politician stresses the importance of these laws to deter employers from doing the wrong thing and causing the death of a worker. However, there are serious concerns about the intended deterrent effect when other occupational health and safety (OHS) measures have been shown to be more effective.
Caesarstone Asia Pacific managing director David Cullen told the Australian Financial Review (AFR – paywalled) on October 27, 2023, that:
“A full ban on the use of engineered stone would double the cost of benchtops..”
So? That seems to be enough of a reason to continue to allow the use of a product that is causing a large number of preventable deaths in Australia and elsewhere??!!
A stronger argument may be that the occupational health and safety (OHS) management of the cutting of engineered stone has failed.
Safe Work Australia has recommended:
“a prohibition on the use of all engineered stone, irrespective of crystalline silica content, to protect the health and safety of workers.”
So that should be it. No more engineered stone products for use in Australia. Apparently, that decision is difficult to make even though the top occupational health and safety (OHS) advisory body in Australia recommends prohibition. OHS has always had an uncomfortable mix of morality, law and politics. Engineered stone and its inherent silicosis risks are a good illustration of the tensions between these three elements.
Victoria’s coronial services has been found guilty of breaching its occupational health and safety (OHS) obligations after one of its employees died by suicide, identifying work issues as a major factor in her death. WorkSafe Victoria has released the best source of information on this case. Most of the mainstream media is relying on a newswire report,which is based on WorkSafe’s information.
Significantly none of the prevention strategies identified by WorkSafe are included in the media reports even though this is perhaps the most vital information for preventing recurrences.
This article looks at the advice offered by WorkSafe Victoria in its media release on what actions it believes could prevent the occupational factors that resulted in this suicide from emerging, or not being addressed, in your workplaces.
Plain speaking is one of the greatest challenges of any profession. Many professionals struggle to communicate their excellent work and knowledge which has created the moves for Research-To-Practice and specialised communicators (as opposed to public relations advisers). Human Resources (HR) and Occupational Health and Safety (OHS) need communications specialists, or perhaps just interpreters, if a recent article on workers compensation and mental health is anything to go by.
If we are going to achieve a successful and effective change on workplace mental health, we need to start to understand each other.
The Chartered Institute of Personnel & Development (CIPD) has released an important survey of their members about health and wellbeing at work. Amongst many of the findings is that “Stress continues to be one of the main causes of absence” and that “Heavy workloads remain by far the most common cause of stress-related absence…” So how are CIPD members reducing the heavy workloads? They’re not. 78% of respondents are using Employee Assistance Programs (EAPs) to “identify and reduce stress”. Options like hiring additional staff or reducing the workload do not even chart. OMG!
