OHS legal changes you might have missed

If you needed confirmation that the mainstream media is disinterested in occupational health and safety (OHS) unless there is a disaster or the incident can be narrowly categorised as sexual harassment, bullying or suicide, last week, the Australian Parliament passed important amendments to the Model Work Health and Safety laws. It seems OHS cannot compete with sexual harassment laws (I’m okay with that) or Industrial Relations (or Australia’s wins in the World Cup).

On December 1 2022, Workplace Relations Minister Tony Burke‘s Second Reading Speech included the removal of insurance policies that could pay for financial penalties awarded against OHS breaches and a pledge to put Industrial manslaughter back on the national agenda.

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You don’t have to talk about OHS to talk about OHS

On November 16 2022, Tony Burke, Minister for Employment and Workplace Relations, spoke at the National Press Club in Canberra. Although his portfolio has occupational health and safety (OHS), workplace health and safety was mentioned only once in passing. In this instance, that’s okay because he is trying to pass a major piece of industrial relations (IR) law. But some of his speech raised issues related to work or how businesses are managed, which do have important OHS contexts.

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The man on the stair who isn’t really there

On August 26 2022, Australia’s Minister for Employment and Workplace Relations, Tony Burke, spoke at a union conference.  This is not an unusual event for Ministers, but the timing of Burke’s address was less than a week before a major Jobs and Skills Summit – the hottest political event in town at the moment.  The transcript of the speech provides clues and hints as to how occupational health and safety (OHS) may or may not be discussed.

There is an early indication that safe workplaces are important (heart skips a beat), but then it seems shunted to the side.  Burke said:

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Hope clearly did not work. What’s next?

In the Weekend Australian newspaper, workplace relations journalist Ewin Hannan reported on a presentation (paywalled) made by the Employment and Workplace Relations Minister Tony Burke to the Attorney-General’s Department staff. (Safe Work Australia, currently, exists in this department)  From Hannan’s report, the focus seems to have been on industrial relations but it’s useful to consider Minister Burke’s words from an occupational health and safety (OHS) perspective given that it is highly likely that Safe Work Australia personnel were one of the “hundreds” attending or listening in. Burke said:

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