There is a curious set of self-published safety-related books by Lance Luke. They seem to feature on Amazon, so I purchased one to satisfy my curiosity. “Top Ten OSHA Violations” is a thin, low-cost book that is little more than one may see in an occupational health and safety (OHS) convention – snappy, click-bait title, minimal explanation and several case studies. This is not a book regarding any evidence beyond the extensive lived experience of the author. So what are the top 10?
Continue reading “A cheap introduction to regulatory risks”Category: Inspectors
Culture of Compliance and the Fair Work Ombudsman
On the morning of day one of the Australian Labor Law Association (ALLA) National Conference, the Fair Work Ombudsman, Anna Booth, mentioned a “culture of compliance.”
She explained the culture of compliance by revealing data in several industry sectors about significant non-compliance based on the activities of the Fair Work Ombudsman inspectors. So, it’s perhaps more important to talk about a non-compliance culture rather than a compliance culture.
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Industrial Manslaughter distracts from what really works
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.
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OHS and exploitation
Work-related harm is often generated by exploitation, but exploitation is a term rarely used by the occupational health and safety (OHS) profession. If it was, the OHS approach to harm prevention may be very different, especially now that a safe and healthy working environment is a fundamental right.
Perhaps the omission of exploitation is not that surprising. It is often seen through the lens of industrial relations, and a flexible demarcation often exists between IR and OHS. It is important to note that the International Labour Organisation’s Glossary of OSH terms also fails to include exploitation though it is from 1993.
However, a recent report from the Grattan Institute, Short-changed: How to stop the exploitation of migrant workers in Australia, does discuss workplace health and safety as an element of worker exploitation.
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WorkSafe Tasmania is not cooperating
In December 2021, five children died, and others were injured when an inflatable jumping castle lifted into the air after a strong gust of wind. WorkSafe Tasmania continues to investigate the incident, as is the Tasmanian Coroner. Recently the Coroner postponed the inquest because WorkSafe would not provide documents essential to the process, prolonging the grief of the families and the local community who want, and need, answers.
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Worker’s compensation explained in new social welfare book
Occupational health and safety (OHS) is an integral element of social welfare, even though the practitioners of the discipline self-silo. A new Australian book about Australia’s social services uses workers’ compensation and OHS as a case study for a change.
“The Careless State – Reforming Australia’s Social Services” by Mark Considine illustrates the Venn Diagram overlap of public health services, the National Disability Insurance Scheme (NDIS), aged care services, workplace safety and compensation and more. The book is very timely, as many of the social services essential for social harmony and justice have been neglected over the last decade under various State and Federal conservative governments.
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A fair dinkum fair go?
A New Work Relations Architecture is a radical book for Australia. Radical because its authors are proposing industrial relations reform, and Australia has had very little of this since Prime Minister John Howard‘s attempt with Workchoices in 2005. Radical also because it has taken inspiration from the Robens approach to occupational health and safety (OHS) laws.
The new “architecture” (thankfully, the cliche of “ecosystem” was not used) is described as:
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