Liability, COVID19, Manslaughter and Working from Home – Welcome to the new OHS

Last week WorkSafe Victoria followed some of the other Australian States by requiring employers to report positive COVID19 cases as “notifiable incidents”. (If they can do this fro COVID19, shouldn’t it be possible to do the same for mental health disorders?) Expanding the pool of notifiable incidents is of little practical consequence but it is indicative of how occupational health and safety (OHS) management is changing, and how Industrial Manslaughter is becoming a pervasive threat.

Managing Liability

In the Australian Financial Review (AFR) on August 4 2020, employer liability for COVID19 incidents was discussed. Liberty Sanger of union-associated law firm, Maurice Blackburn, spoke of the importance of genomic testing to better identify the origin of the infection, ie. was it caught at work or at home.

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Wellness programs – Do They Work?

Many companies operate wellness programs at work. Some of these claim to reduce the likelihood of work-related injury or ill health. Others are aimed at reducing chronic health risks such as obesity, heart disease and more. A recent book from the United States encourages us to be sceptical of such programs and ask about employers’ purposes in introducing such programs. The book is called “Calling Bullshit – The Art of Scepticism in a Data-Driven World” and offers important insights beyond workplace wellness.

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A sliver of hope on the farm safety horizon

Australian farm safety received several boosts last week. FarmSafe Australia released new report on agricultural injury and fatality trends. The Victorian Government gave the Victorian Farmers Federation more money to fund farm safety inspectors, again. And the Agriculture Minister established a Farm Safety Council of the usual agricultural groups. It is hard not to take many of these farm safety activities as indications of insanity by doing the same thing but expecting different results.


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More data means a stronger case for change in workplace health and safety

SafetyAtWorkBlog tries to include links to original data and reports wherever possible. Last week the Australian Institute of Health and Welfare (AIHW) released its 2020 data insights report. There is a lot in it, and some relates to workplace risks. Perhaps the most useful section is the chapter of Social Determinants of Health (SDH). For those readers for whom this is a new concept, this chapter is obligatory reading.

SDH is crucial to understanding how occupational health and safety (OHS) risks fit with non-work, or social, activities, government policy decisions and economic pressures. The beauty of the AIHW take on SDH is that it based on Australian data.

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Ardent Leisure charged with safety breaches

The big occupational health and safety (OHS) news in Australia on 21 July 2020 was the prosecution of Dreamworld‘s parent company, Ardent Leisure, for breaches of the Work Health and Safety legislation over the deaths of four customers who were riding the Thunder River Rapids Ride four years ago. The prosecution has been expected for some time and is likely to take many months. More details will emerge as they did in the Coronial Inquest that slammed Dreamworld’s safety reputation.

In this article, I look specifically at the statement that Ardent Leisure sent to the Australian Stock Exchange (ASX) as it is in an interesting example of mea culpa, OHS under-investment and damage control.

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What to do when someone “cracks the shits” over safety

It is established that several major manufacturers of quad bikes have “cracked the shits” (ie had a tantrum) and now refuse to sell their vehicles to the Australian market. How to respond to this type of action is to restate the facts and this is exactly what the Australian Competition and Consumer Commission (ACCC) did this month when it released its Quad Bike Safety Standard fact sheet.

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Australians become impatient for change on sexual harassment

Victoria, perhaps, has the best chance of applying occupational health and safety (OHS) principles to the prevention of sexual harassment and the psychological harm that harassment can generate. In the wake of the sexual harassment allegations against former Justice Dyson Heydon, several reviews into the legal profession have been announced.

Sexual harassment at work remains on the national agenda with the Federal Government yet to respond to the Australian Human Rights Commission’s (AHRC) Respect@Work Report which has been sitting with the government since March 2020.

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