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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?

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WorkSafe Victoria’s Wake Up Call on Psychosocial Hazards

WorkSafe Victoria has just concluded a Safe Work Month webinar on psychosocial hazards and psychological risks, attended by around 14,000. The content was familiar to anyone who has been following the development of Victoria’s new occupational health and safety (OHS) over the last four years, but it was an important communications opportunity for WorkSafe with useful insight into employers’ perspectives on mental health at work.

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OHS Lessons from the Antoinette Lattouf Case

Just before Christmas in 2023, Antoinette Lattouf was taken off-air by the Australian Broadcasting Corporation halfway through her five-day contract as a radio fill-in. It sparked an acrimonious unfair dismissal dispute. Last week the Australian Labour Law Association held a webinar on the case which touched on the occupational health and safety (OHS) perspective.

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Governments should set the OHS bar much higher

It should be clear to readers by now that I am not a lawyer. My interest is in the practical application and compliance with occupational health and safety (OHS) laws. Those laws often encouraged employers to look for the source of workplace harms and hazards, with government agencies advising that addressing these causes is the most effective and cost-effective way to manage OHS. In this context, it seems to me that clients can significantly influence OHS, as they may be a major source of work-related harms and risks. But their role is often downplayed.

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Denmark and Australia Compared on Psychosocial Safety

Niru Tyagi recently wrote on LinkedIn about Denmark’s regulatory approach to work-related psychosocial hazards, comparing it the current Australian approach, framing Denmark as creating an industrial obligation. It is a perceptive comparison but downplays the significance in Australia of the criterion of reasonably practicable.

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Are emotion and anger also types of energy?

One of my previous employers was highly committed to occupational health and safety (OHS), but always gave the program, the schedule or utilisation a higher priority. Whether that was a justifiable compliance level was of little concern, as long as the auditors recertified the OHS management systems. The company realised their approach to OHS was not working, so it turned its focus on “critical risks”, which were, bluntly, anything that would kill you. But such was the strength of the culture that even this focus on critical risks failed to cut through and give OHS the respect that it legislatively deserves.

Matthew Hallowell‘s latest book, “Energy-Based Safety – A Scientific Approach to Preventing Serious Injuries and Fatalities (SIFs)“, discusses this focus on critical risks.

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From Clutter to Clarity and Evidence at RMIT’s SHINe Symposium

Just over a week ago, RMIT University’s research funding program, SHINe, conducted its inaugural symposium. This symposium was both new and fascinating. It was overbooked with a considerable weight list, I think, because of the international safety research guests, but the fact that an event in Safe Work Month was free might have helped. The research by the Construction Safety Research Alliance (CSRA) for the United States was a highlight.

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