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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.

Read widely, carefully and analytically.

One of the most rewarding sources of occupational health and safety (OHS) information is the literature review undertaken by, usually, university researchers. It is rewarding because someone else has done most of the reading for you and the spread of resources can be massive and/or global. But, there can also be missed opportunities from taking a narrow scope and from excluding some non-peer-reviewed analysis. One of these involves a systematic review of lost-time injuries in the global mining industry.

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

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.

Does a loss of shift due to fatigue = a Lost Time Injury?

A SafetyAtWorkBlog reader emailed me this question:

“does a loss of shift due to fatigue equal a Lost Time Injury?”

My standard response is “why not?”

This type of LTI (Lost Time Injury) issue is one that will become increasingly common as the occupational health and safety (OHS) prominence of wellness and work-related psychological health and safety Continue reading “Does a loss of shift due to fatigue = a Lost Time Injury?”

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

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.

Category: safety

Labour Hire safety challenges

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Read widely, carefully and analytically.

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

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Old school OHS – eliminating workplace risks at the source

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Does a loss of shift due to fatigue = a Lost Time Injury?

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A strong attack on work-related psychological health and safety

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

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