Recently, Herbert Smith Freehills (HSF) conducted a seminar on internal workplace investigations and ESG (Environmental, Social, and Governance) frameworks. Occupational health and safety (OHS) seems to be gaining more attention as an ESG element, but it must compete with so many other elements that it may always be seen as a side issue.
Category: harm
Addressing Psychosocial Hazards at Work: New Incident Notification Reforms
On the afternoon of Friday, August 1, 2024, Safe Work Australia (SWA) announced important changes to the incident notification obligations in Australia’s Model Work Health and Safety laws. These changes are particularly relevant to the issues of psychological harm in workplaces and work-related suicides. I asked SWA for some clarifications on the changes and the promised guidance.
Below are the questions that I submitted to Safe Work Australia and CEO Marie Boland‘s responses.
Warning: this article discusses suicide
Psychological health and safety book seems dated
There is a new book about psychological safety for organisations. Many have been published over the last twenty years, but the climate, at least, in Australia has changed. Psychological safety is now part of a broader and more inclusive concept – Psychosocial Safety – but many psychologists have not yet caught up, or are in denial or are too embedded in their established services to be able to or willing to change.
Any new book on psychological safety in workplaces needs to be contemporary and reflect these changes. Gina Battye‘s “The Authentic Organisation—How to Create a Psychologically Safe Workplace” is not quite there.
Sick leave entitlements miss the OHS justification
Australia is currently in the Winter season of sniffles, colds, and influenza, which generates illness and workplace absences. In the northern hemisphere, excessive heat may be causing a similar level of workplace absences. A recent article from the Australian Broadcasting Corporation discussed workplace absences due to illness.
Sentencing and OHS prosecutions but few solutions
Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available. They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.
A major purpose of any penalty is to deter harmful and damaging actions from being repeated. SAC reiterates that any sentence
- deters the offender and others from committing similar offences;
- punishes the offender in a just manner;
- facilitates the rehabilitation of the offender;
- denounces the behaviour that the offender engaged in, and
- protects the community from the offender. (page 7)
The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:
Let’s talk about Zagi
Zagi cried. I cried, and the conference delegates cried. Zagi Kozarov‘s presentation at the Psych Health and Safety Conference was confronting, disturbing, and a highlight. Occupational health and safety (OHS) conferences often hear from survivors of physical work injuries and, usually, wives of deceased workers, but Kozarov spoke of the injustice she faced from her managers in an industry sector that few would want to work – the (then) Specialist Sex Offences Unit of the Office of the Public Prosecutor (OPP). What she saw at work was horrific, but the job was less the source of her mental anguish than the negligent treatment she received from her managers.
Caution: this article mentions sexual abuse and assault.
Is Victoria still committed to its psychosocial regulations?
Victoria’s Minister for WorkSafe, Danny Pearson, has emerged from the occupational health and safety (OHS) wilderness to restate his commitment to introducing legislative amendments on psychosocial hazards at work. He has been stalling on these for a very long time, but he has recently provided an update to Parliament.






