Shortly after Christmas 2022, the Australian Associated Press (AAP) released an article about the financial status of the Victorian Workcover Authority. The article was about a 2020 review of the financial sustainability of the workers’ compensation scheme by insurance and actuarial firm, Finity. This was built upon in a couple of mainstream newspapers.
Occupational health and safety (OHS) is an integral element of social welfare, even though the practitioners of the discipline self-silo. A new Australian book about Australia’s social services uses workers’ compensation and OHS as a case study for a change.
“The Careless State – Reforming Australia’s Social Services” by Mark Considine illustrates the Venn Diagram overlap of public health services, the National Disability Insurance Scheme (NDIS), aged care services, workplace safety and compensation and more. The book is very timely, as many of the social services essential for social harmony and justice have been neglected over the last decade under various State and Federal conservative governments.
The earlier Chris Smith article mentioned the earlier incidents that, given his recidivism, the control measures implemented failed or were inadequate. If these incidents had involved occupational health and safety (OHS) concepts and investigations, the latest incident may never have occurred.
OHS is big on investigations and contributory factors but usually after an incident. OHS tends to identify faults and failures after the event. However, this has become the norm because OHS and employers are less able or interested in investigating incidents with lesser consequences or what OHS call Near Misses. Chris Smith had no near misses, each of the earlier “misbehaviours’ were incidents that seem not to have been investigated to the standard or depth intended in OHS.
SkyNews and radio host, Chris Smith, has been dismissed due to inappropriate behaviour at a company Christmas party. This type of behaviour has been on the occupational health and safety (OHS) and Industrial Relations radar for a long, long time. Recently the psychological impacts of this type of behaviour have come to the fore, placing the issue clearly in the OHS realm.
It is useful to look at the Chris Smith saga through the “new” OHS perspective.
A New Work Relations Architecture is a radical book for Australia. Radical because its authors are proposing industrial relations reform, and Australia has had very little of this since Prime Minister John Howard‘s attempt with Workchoices in 2005. Radical also because it has taken inspiration from the Robens approach to occupational health and safety (OHS) laws.
The new “architecture” (thankfully, the cliche of “ecosystem” was not used) is described as:
A new Australian book has been structured around a “new work relations architecture“. Amazingly, a whole chapter is devoted to the role of occupational health and safety (OHS) in this new structure.
This chapter is written by prominent law academic Ron McCallum AO, offers a good summary of OHS laws and identifies the challenges to those laws in the near future, but its discussion is more reserved than it could be.
McCallum sticks to the suitability of the Robens model of OHS laws which McCallum describes as a type of “managed decentralism”. He highlights challenges to the laws and their operations that will be familiar to readers:
The end-of-year reviews are starting to emerge from Australia’s law firms. The most recent release is from Maddocks, who have released several short reports on occupational health and safety (OHS) hazards and suggested controls for employers to apply. So this is a year-in-review for 2022, but it is also a forecast of what needs to be changed in 2023.
