In January 2025, Kilvington Grammar was fined over $100,000 for breaches of occupational health and safety (OHS) laws related to the death of one of its students, 16-year-old diabetic Lachlan Cook, who was on an overseas school trip. The best source of publicly available reports on this case appears to be the Australian Broadcasting Corporation. This article does not discuss the incident but focuses on the sentencing decisions and their relevance to OHS.
Occupational health and safety has traditionally been considered under the category of industrial, or industrial relations, but largely this is due to the major advocates of OHS being the trade union movement. So OHS seems to fit with workers’ rights under the issues of wages and conditions, but really OHS is a social law.
According to one definition social law is:
“…any law, rule or regulation (including international treaty obligations) applicable in any jurisdiction concerning
– labour,
– social security,
– the regulation of industrial relations (between government, employers and employees),
– the protection of occupational, as well as public, health and safety,
– the regulation of public participation,
– the protection and regulation of ownership of land rights (both formal and traditional), immovable goods and intellectual and cultural property rights,
– the protection and empowerment of indigenous peoples or ethnic groups,
– the protection, restoration and promotion of cultural heritage, and
– all other laws, rules and regulations providing for the protection of employees and citizens.”
OHS meets several elements of this definition.
Over the last few weeks, the media has been reporting on legal action taken by Blake Lively over accusations of sexual harassment on the film set of her movie “It Ends With Us”. The focus has been on the allegations of post-incident public relations manipulation, but this is obscuring the primary cause of the legal action – sexual harassment.
Australia’s news media is reporting a shocking report about the workplace culture of parts of the Nine Entertainment organisation – bullying, sexual harassment, abuse of power – all the elements of organisational culture that can be found in any company if one scratches the surface. Scratching is one of the aims of the occupational health and safety (OHS) discipline – investigating the causes of harm at the source.
Over the last decade, the occupational health and safety (OHS) profession has been challenged by a new perspective on OHS and its professional interaction with it. Safety Differently, Safety II or some other variation are important and intriguing variations, but they seem to remain confined to the workplace, the obligations of the person conducting a business or undertaking, and/or the employer/employee relationship. The interaction of work and non-work receives less attention than it deserves.
Many OHS professionals bemoan OHS’ confinement to managerial silos but continue to operate within their own self-imposed silo. One way for OHS to progress and to remain current and relevant is to look more broadly at the societal pressures under which they work and how their employees or clients make OHS decisions. Some recent non-OHS books and concepts may help.
Last week the Australian Institute of Health and Safety (AIHS) National Conference contained some excellent speakers and one or two stinkers. (I will not be reporting on the last speaker of the conference, who spent his first ten minutes “roasting”. i.e. insulting the delegates!) Safe Work Australia’s Marie Boland was an important and informative speaker who nudged the occupational health and safety profession to be more active.
This week, the Australian Institute of Health and Safety (AIHS, formerly the Safety Institute of Australia) is hosting its national conference in Melbourne, Australia. The heyday of occupational health and safety (OHS) conferences seems to have passed in Australia as, perhaps, was confirmed by the varying responses to last year’s World Congress on Safety and Health at Work. But expectations for this week’s conference are high; at least mine are.
But are those expectations too high? There is a direct competitor for OHS ears and eyes (no matter the arguments) in the same building at the same time, the Workplace Health and Safety Show. The AIHS Conference needs to work hard to retain its prominence and, most importantly, its influence. It is worth reflecting on how this messy situation came about.
