Category: Premium

In an industry where there are no employers, who is responsible for workplace health and safety?

The Victorian Government has been running an inquiry for a little while on the “on-demand workforce”, a term which seems to be a synonym for the gig economy. The government recently extended the deadline for public submissions. This is often a sign that inquiries are struggling for information which is almost an inevitable consequence if you schedule an inquiry over the Christmas/New Year break.

This inquiry has direct relevance to occupational health and safety (OHS) and vice versa.

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Mining policy platform released

The Minerals Council of Australia has released its 2019 policy platform called “The Next Frontier: Australian Mining Policy Priorities”. The mainstream media will focus on taxation and jobs data given that Australia will face an election in the first half of 2019 but there is a specific chapter on occupational health and safety (OHS).

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Would Reckless Endangerment improve safety and health more than would Industrial Manslaughter laws?

The reckless endangerment provision of Victoria’s Occupational Health and Safety Act 2004 is likely to be crucial to this year’s discussions on Industrial Manslaughter laws and the management of workplace health and safety more generally, particularly as Victoria’s Minister for Workplace Safety, Jill Hennessy, has announced an implementation taskforce that includes a Workplace Fatalities and Serious Incidents Reference Group.

Section 32 says:

“A person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—
(a) in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or
both; and
(b) in the case of a body corporate, a fine not exceeding 20, 000 penalty units.”

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OHS barriers and opportunities

One of the common questions I am asked, usually face-to-face rather than online curiously, is what changes I would suggest for improving occupational health and safety (OHS).  Following on from the broad perspective thesis by Dr Clare Tedestedt George, here are some of my thoughts.

Entrenched workplace cultures

Workplaces and industry sectors have established rigid norms, work practices, expectations, and a culture, that are no longer considered as safe and healthy as they were intended to be.  This has happened due to the economic demands of neoliberalism, the (fake) empowerment of the individual and after years of weakness and neglect by the OHS profession and regulators.

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AS/NZS ISO45001:2018 status update

Australia, as are many other countries, is in the transition phase for the latest Standard for Occupational Health and Safety Management Systems – ISO45001. The Standard has been accepted by Australia as relevant to its jurisdiction and discussion seem quiet. However, the work of the technical committee on this Standard (SF-001) continues. The Head of the Delegation for Standards Australia responsible for the 45001 series of Standards, David Solomon, provided the following status update.

ISO (International Organization for Standardization) has formed a new International Technical Committee (TC283) that has been charged with the responsibility of developing the following standards that are in the suite of international Standards that ISO45001 leads.

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Banking Royal Commission and corporate culture

Occupational health and safety (OHS) has come late to seeing its operations as part of the organisational culture of Australian businesses. Its realisation started with an assertion of a “safety culture” that operated in parallel with regular business imperatives but often resulted in conflict and usually on the losing side. OHS has matured and become less timid by stating that OHS is an integral part of the operational and policy decision-making.

Some of that business leadership that was admired by OHS and many other professions existed in the banking and finance sector which has received a hammering over the last two years in a Royal Commission. That investigation’s final report was released publicly on 4 February 2019. The report reveals misconduct, disdain, poor regulatory enforcement and a toxic culture, amongst other problems. The OHS profession can learn much from an examination of the report and some of the analysis of that industry sector over the last few years.

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