Labour Hire safety challenges

Victoria has passed legislation to licence the labour hire industry. Occupational health and safety (OHS) gets a mention, in some ways.

The objects of this Act seem fairly straightforward:

  • ” to protect workers from being exploited by providers of labour hire services and hosts; and
  •  to improve the transparency”

The explanatory memorandum sounds promising. Clause 23 says:

“Subclause (1) states that if an application for a licence or renewal of a licence is made by an applicant who, at the time of making the application, is conducting a business that provides labour hire
services, the applicant must include with the application a declaration that, to the applicant’s knowledge, the applicant complies with the various laws that are set out so far as they relate to the business to which the licence relates. Examples of
such laws include workplace, taxation and occupational health and safety laws.”

The good news is that OHS is stated as an example of the type of information required in a licence application. 

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Don’t “say anything to anyone..” – Dreamworld inquest

The first week of the two-week inquest into four fatalities at the Dreamworld theme park in Queensland has concluded.  It has substantial occupational health and safety (OHS) management lessons for Australian businesses in a similar way to that of many recent workplace disasters.  Those lessons are basic and the hazards are well-known in the OHS profession. Journalists Jamie Walker and Mark Schliebs, in the Weekend Australian newspaper, provided an excellent review (paywalled) of the lessons from that first week.

SafetyAtWorkBlog has not written about the deaths on the, now discontinued, Thunder Rapids ride because there has been an

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Old school OHS – eliminating workplace risks at the source

Safe Work Australia’s work-related psychological health and safety guidance focusses on the elimination risks and hazards, as required under Australia’s workplace health and safety laws.  But a slight technical change in the legislation when it moved from occupational health and safety (OHS) to work health and safety (WHS) impedes its successful acceptance.

Australia’s Work Health and Safety laws dropped a reference in the Act’s Objects that would have provided considerable support to work-related mental health and this guidance. 

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A strong attack on work-related psychological health and safety

The guidance on workplace psychological health and safety forecast by Safe Work Australia’s Peta Miller was released on June 14 2018.  There is potential for this guidance to change how mental health is managed and, most importantly, prevented in Australian workplaces.

It is important to note that “Work-related psychological health and safety – a systematic approach to meeting your duties” has been developed with the involvement and approval of all of Australia’s occupational health and safety (OHS) or work health and safety (WHS) regulatory bodies.  Workplace mental health promoters and resilience peddlers are unlikely to find much support in this document as the prevention of harm is the benchmark.

The guidance is also intended to operate in support

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Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health and safety (WHS) legislation however it can be argued that the Australian Government, through its supply chain, chain of responsibility and contract management, also has a duty of care to detainees under health and safety laws.

Several recent legal actions and workplace safety guidance indicates that clarification about the duty of care on physical and psychological risks to “others” is overdue.

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ACCC slaps down the FCAI on quad bike safety

On June 5 2018, Sharon O’Keeffe of the North Queensland Register newspaper aired the response of the Deputy Commissioner of the Australian Competition and Consumer Commission (ACCC) Mick Keogh to claims from the Federated Chamber of Automotive Industries (FCAI) on the safety of quad bikes and crush protection devices (CPDs). O’Keeffe says “the gloves are off”.

In March 2018, the ACCC announced its intention for a mandatory safety standard for quad bikes, or All Terrain Vehicles (ATV,) that included CPDs. 

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Preview of Australia’s new work-related psychological injuries guidance

Peta Miller has worked at Safe Work Australia (SWA) for around 17 years.  She leaves there at the end of June.  One of her last public appearances for SWA was the National Health and Safety Conference in Melbourne in May 2018 at which she provided an outline of the new work-related psychological injuries guidance that has been signed-off by SWA but not yet released to the public.

This guide is said to be a large one but not one that requires a re-education on safety and psychological terms.  There is discussion about applying the risk management Hierarchy of Controls to psychosocial hazard identification, the prevention of psychological harm through the design of good work and the identification of psychological hazards without the need to diagnose a medical condition.

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