Seeing OHS law as a social law could change how OHS is seen and its future

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.

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New class action on sexual abuse in Australian mining

Many of the prominent Australian mining companies are in the process of changing their cultures to minimise the risk of sexual assaults and harassment after several recent damning inquiries into worker health and safety. Everyone seems to agree that cultural change can take a long time. I am not convinced.  Change will take time if one operates within the existing organisational and operational parameters and structures. But sometimes, the harm to workers is so great that a long time exacerbates unfairness and injustice.

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Lively/Baldoni discussion misses the cause of the harm

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.

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What should Victoria’s new WorkSafe Minister do now?

The Victoria Premier, Jacinta Allan, reshuffled her Cabinet and recently allocated responsibility for the Workcover and Transport Accident Commission portfolios to Deputy Premier Ben Carroll. This may be the first time a politician of that position has been given these portfolios. But what should Ben Carroll do now?

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Latest OHS News from Herbert Smith Freehills

One of the most important sources of information about occupational health and safety (OHS) is seminars organised by law firms. A great example was a webinar hosted by Herbert Smith Freehills on October 30, 2024, as part of its Safety Leadership Series. It was a general discussion on Australia’s most prominent OHS issues but outlined increasingly significant consequences.

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How bad must it have been?

The corporate cultures of Australia’s mining industry have been under substantial scrutiny for over a decade. Sexual harassment, bullying, work-related suicides and more psychosocial hazards have been identified with strategies introduced to address the cultures that contribute to these occupational harms.

On 20 November 2024, Rio Tinto released a progress survey on its cultural change initiatives, which the Australian Financial Review (AFR) described as showing a “backlash” to these reforms. This survey is a significant document for those on similar journeys and for occupational health and safety (OHS) advocates.

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The United States approach to work health and safety is getting creepy.

For most of the world, Donald Trump‘s re-election to the United States presidency is a non-event. Politicians and journalists are really interested, but Trump has little direct impact on our lives, and his policies, morals, and political strategies will affect us indirectly. Perhaps the most significant impact will be environmental.

Our business leaders take inspiration from American companies and corporate cultures. Even though he has yet to choose his Secretary of Labor, there are indications that occupational health and safety (OHS) is unlikely to progress under Trump’s term. It is useful to be aware of how Trumpian corporate culture and values may affect (infect?) the rest of the world.

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