Duty of Care – SafetyAtWorkBlog

The fluctuating grey zone of compliance

The occupational health and safety (OHS) profession operates within the legislative context of “so far as is reasonably practicable“, that band of compliance, that non-prescriptive, performance-based flexibility offered to employers to encourage them to provide safe and healthy workplaces. It could be said that OHS was easier forty years ago because the compliance band was thinner, and in some cases, compliance was determined by specialist OHS inspectors on the day of the visit.

Today, that compliance band fluctuates and can be affected by community values and expectations, as shown in a recent discussion about sexual harassment at Australia’s Fair Work Commission.

The future of OHS and Safe Work Australia

Marie Boland‘s work and reviews have been prominent features in Australia’s occupational health and safety (OHS) for over a decade. Last year, she took on the CEO role at Safe Work Australia, the country’s principal workplace health and safety policy body. Recently Boland spoke to the Australian Institute of Health and Safety (AIHS).

The interview/article starts with the unavoidable moral argument for the importance of workers’ lives in Australia and the social ripple effect of deaths and serious injuries. Inevitably, economic cost is mentioned:

“Our research shows that, in the absence of work-related injuries and illnesses, Australia’s economy would be $28.6 billion larger each year, and Australians would be able to access more jobs with better pay,”
page 27, OHS Professional, March 2024

Economics is always mentioned in articles about the importance of workplace health and safety but, really, who cares?

“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention.

ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the episode was very familiar, but the sentencing inquiry was intriguing.

Let’s talk about work-related suicide

Occupational health and safety (OHS) has been fairly successful in reducing the frequency and numbers of traumatic workplace injuries largely because such injuries cannot be hidden or may occur in front of others and increasingly on video. It is a sad reality that work-related deaths generate change and progress. Sometimes the more deaths, the more significant that change or, the quicker that change occurs. However, it is even sadder that change often requires a death.

Note: this article discusses suicide.

The “Right to Disconnect” should have been “Obligation-To-Leave-Workers-Alone”

The Australian Greens announced on February 7, 2024, that the Right-To-Disconnect (RTD) bill would pass Parliament as part of workplace relations reforms. On February 8, 2024, the mainstream media wrote as if the laws had already been passed. However, several issues with these laws indicate they are unlikely to be applied in practice as widely as advocates claim and in the way anticipated.

The closer the RTD laws come to reality, the more useless they appear.

Call for Industrial Manslaughter laws after more unnecessary deaths

It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.

The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of

“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”
hyperlink added

A call to arms on OHS

In early January 2024, the British Medical Journal (BMJ) published a commentary by Professor Alex Collie that illustrates the need to broaden our consideration of “traditional” and psychosocial hazards and well-being at work. The article is paywalled but worth obtaining a copy.

Collie‘s research is always interesting, and being published in the BMJ adds some clout to this call for activism.

Category: Duty of Care

The fluctuating grey zone of compliance

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The future of OHS and Safe Work Australia

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“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

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Let’s talk about work-related suicide

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The “Right to Disconnect” should have been “Obligation-To-Leave-Workers-Alone”

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Call for Industrial Manslaughter laws after more unnecessary deaths

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A call to arms on OHS

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