What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

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Auditors and Exorcists

This article was originally published in the SafetyAtWork magazine in March 2002, has been slightly edited with new links included. It is surprising how slow progress in the auditing sector has been, supporting some of the points raised in the Brydon Review.

The Enron saga means many things to many people. Some see the collapse as a result of greed, others as an inevitable result of US corporate capitalism, yet others focus on the political ramifications of the collapse. From a distance and in the context of workplace safety and risk management, the saga can be seen as a wake-up call for all businesses.

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The person in the fashion mask

The Guardian has a very good article (paywalled) about the use of facemasks to prevent exposure to bushfire smoke. The focus is on the fashion end of the personal protective equipment (PPE) so safety gets less attention. This article tries to fill some of those gaps.

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Thinking beyond one’s role on OHS

“My approach tends to be revolutionary.”

A major criticism of the Australian Prime Minister’s handling of the current bushfire disaster in South-east Australia is that he was reluctant to engage in the fire fighting or relief effort. Scott Morrison’s reason was valid – firefighting responsibilities sit with the States and Territories. The Federal Government has no direct role in this.

Australian politics, and progress, continues to be hampered by the Constitutional demarcation of National and States rights and obligations, but Morrison missed the point. One does not have to be directly involved in an event to show support and leadership, and leadership can be effective in a secondary, support role. This is equally the case for occupational health and safety (OHS).

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Stories of engineered stone companies moving interstate to avoid safety obligations

In late December 2019, Dr Graeme Edwards provided an update on Australia’s silicosis situation to the Australian Broadcasting Corporation’s PM program in which he mentions the movement of businesses to avoid occupational health (OHS) and safety obligations and duties.

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This year’s bushfires should change the management of outdoor work

Sydney, NSW, Australia – November 20th 2019: Smoke over Sydney due to bush fires on edge of city. Fires have been burning for days and have been described as unprecedented.

Safe Work Australia (SWA) has reminded Australian businesses that they have a formal occupational health and safety (OHS) responsibility for workers exposed to poor air quality. Its guidance provides sound risk considerations for outdoor workers and their managers, but needs further explanation to help businesses reduce the risk in a practical sense.

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