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.
The Australian Financial Review conducts many conferences, business summits and CEO surveys to provide publishable content (and as a marketing strategy). Over the last month, several articles and features have been produced from its “Chanticleer CEO Survey”; one is called “Red tape standing between business and Australia’s policy challenges” (hard copy title, paywalled). I scanned the CEOs’ comments for relevance to occupational health and safety (OHS) and harm prevention.
The Australian Financial Review has looked at the local Australian context of the United States opposition to continuing workplace initiatives on diversity, equity and inclusivity (DEI), The AFR contacted some Australian technology companies for their leaders’ thoughts as overseas the DEI opposition seems loudest in tech companies. The media attention overseas has also come from the activities of some right-wing anti-woke activists. The opposition seems to deny or ignore some of the evidence for DEI contributing to company profitability, cultural strength and occupational health and safety (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.
Risk and governance software company Navex published a forecast for 2025 which has some occupational health and safety (OHS) relevance. It wrote “Rising temperatures in the workplace: Addressing civility concerns” which said
“Workplaces increasingly mirror the polarization we see in the world, with tensions surrounding diversity, equity and inclusion (DEI), environmental, social and governance (ESG) initiatives, and political differences bubbling to the surface in workplace discord. Ideally, the workplace should be a collaborative environment, but now is a minefield of potential heated disagreements, making workplace civility a top priority for organizations.”
Starting January 1, 2025, Australia will have new laws and penalties for intentional wage theft beginning January 1, 2025. The usual business lobby groups are bleating about the unfair imposition of costs and time on their members. But what about the significant impact on workers’ health, safety and dignity?
Occupational health and safety (OHS) continues to have a credibility problem and a poor social profile. Some of this is due to OHS peddling nonsense, but probably no more than any other discipline. Some of it is due to employers and other corporate leaders using OHS as camouflage for inaction or as a distraction from a different workplace issue. Some of it is due to ignorance.
It is up to all of us to strengthen the discipline’s credibility. To help with this, here are three words commonly used by leaders that we need to question and challenge whenever they are used.
Continue reading “Red flags for OHS misunderstandings”
