Consumer Product Safety System review should be on the OHS radar

Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.

This consultation is a direct result of the recent review of Australian Consumer Law:

“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”

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The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.

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One safety quandary solved by Consumer Law. What others are possible?

Caesarstone original quartz for kitchen, bathroom surfaces, benchtops, splash backs and kitchen Island

Last week the Australian Government accepted the recommendations of the Australian Competition and Consumer Commission (ACCC) about improving the safety of quad bikes. But the improvement in safety came not through occupational health and safety (OHS) laws but the Australian Consumer Law so how could the ACL help improve workplace health and safety further? After a quick look at how the quad bike recommendations have been received, the potential of the ACL is considered in relation to silicosis.

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The reluctant acceptance of quad bike safety changes

One important stage in improving the safety of farm vehicles was completed on October 10 2019 with the acceptance by the Australian Government of recommendations to make Operator-Protection Devices (OPD) mandatory for all quad bikes in Australia. That decision is a substantial achievement that many have lobbied, and fought, over for many years, but it will not save every farmer’s life as quad bike use has always only ever been one part of the occupational health and safety (OHS) risks on farms.

The Australian Government’s recent announcements on this issue have also been a little odd.

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Arts Wellbeing Collective shows how it’s done

From an occupational health and safety (OHS) perspective, part of the reason that the Arts Wellbeing Collective (AWC) is being so successful and admired is that it originated outside of the traditional OHS and Health funding models. Existing in the performing arts meant the Collective drew firstly on their modern version of patronage by approaching their sponsors.

Recently the CEO of the AWC, Claire Spencer, spoke at the launch of Victoria’s Health and Safety Month and reminded the audience of the dire straits the performance arts were in with relation to mental health. She referenced the research commissioned by Entertainment Assist and conducted by Victoria University

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Shared Values, Social Values and Safety Values

Last week, the Shared Value Project launched its whitepaper called “Creating Shared Value, the Business Imperative to Improve Mental Health in Australia.” It is an interesting document that is part of the trend of reconfiguring capitalism, the decline of neoliberalism, talk of a “social licence”, Environmental, Social and Governance (ESG) and more. Depending on one’s position on capitalism, this makes it part of the wave of change or another failed humanitarian action in the wake of that capitalism.

Several people spoke at the launch, including Professor Allan Fels and the Victorian Minister for Mental Health, Martin Foley.

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Tough but fair – Allan Fels

Allan Fels has served the Australian public for decades as the head of the Australian Competition and Consumer Commission, a Mental Health Commissioners and recently a Royal Commissioner for the Victorian Government in its inquiry into mental health. His level of activity and the breadth of that influence is extraordinary and should be no surprise that his service has overlapped and influenced workplace health and safety.

That experience has generated a book – Tough Customer – in which Fels reflects on his public service roles but also about how his life and that of his family have influenced his view of the world and his policy priorities. SafetyAtWorkBlog was able to speak with him for a short while earlier this week on the topics of

  • mental health
  • workplace health and safety
  • executive and political perspectives
  • the gig economy
  • ethics and social justice
  • the ACCC.
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Australian silicosis research mirrored in the US

At the end of October 2019 the Australia New Zealand Society of Occupational Medicine (ANZSOM) will be conducting its annual scientific meeting in Adelaide. There are many issues on the agenda but silicosis is likely to figure prominently as it did last year, and as it should. The politics, knowledge and regulatory action has changed in the intervening twelve months.

Australia has new guidances from several occupational health and safety (OHS) regulators and agencies which restrict or ban dry-cutting of engineered stone and change other safety-related practices. There is also at least one political move to ban the use of engineered stone. But perhaps more important is that new research on silicosis risks is appearing and not just from Australia. The United States’ Centers for Disease Control and Prevention published new research on 27 September 2019 based on medical assessments and several silicosis-related deaths.

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