sexual harassment – Page 2 – SafetyAtWorkBlog

What We Lose When NDAs Win

Non-disclosure agreements (NDAs) are a contentious device used by lawyers, often as part of the settlement of a legal dispute. These came to the fore in the context of sexual harassment several years ago. The Victorian government has proposed a bill to Parliament that, according to the Australian Financial Review (AFR), will increase transparency. This should assist in determining changes to work processes that are as low as is reasonably practicable.

NDAs have been an insidious tool, especially in relation to sexual harassment at work.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Why do we need a “positive duty” to prevent harm?

In 2023, a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Commonwealth Disability Discrimination Act 1992 be amended to introduce a positive duty on all duty-holders to eliminate disability discrimination, harassment and victimisation. This echoes the imposition in 2022 of a positive duty to prevent sexual harassment. Occupational health and safety (OHS) legislation has had its positive duty to prevent work-related harm since 1985. So why this current push for positive duties?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Culture is the New Compliance in Victoria’s Psychological Health Code

The most significant challenges for employers in Victoria’s new OHS (Psychological Health) Regulations, supported by a new Compliance Code, are likely to be fostering a strong workplace safety culture. Occupational health and safety (OHS) advocates have been emphasising the importance of culture for several decades now (Sociologists examined it decades before). It appears that we will be hearing a great deal more about culture for some time to come, but what is expected of employers?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Polishing What Exists: Making Sense of the New Psych Safety Code

Prominent occupational health and safety (OHS) lawyers Dale McQualter and Catherine Dunlop have just concluded the first of two online seminars about Victoria’s new psychological/psychosocial regulations and compliance code. Many employers will have a lot of work to do to comply, but the overall sense was one of reassurance.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

When Jurisdiction Blocks Safety Justice for Learner Drivers

Australia’s efforts to enhance the health and safety of its workers are hindered by the constitutional framework, which assigns responsibility for occupational health and safety (OHS) to local jurisdictions.

Recent comments by a Federal Minister on sexual harassment illustrate this dilemma, which is not restricted to OHS.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Reform or Reframe? NSW’s WHS Laws Tackle Liability, Not Prevention

The New South Wales (Labor) government has amended its work health and safety and industrial relations laws. These changes have been described as “substantial” in one legal opinion, but the changes reflect the management of company liability more than preventing harm.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Fear, Trust, and the Cost of Control

CCTV cameras on a cash register may deter theft due to the fear of consequences, such as discipline or dismissal, but they also communicate a lack of trust. If the aim is to prevent physical actions like theft, they work. But can they prevent occupational health and safety (OHS) breaches like sexual abuse in childcare centres?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here