SafeWork – Page 13 – SafetyAtWorkBlog

Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing death and failing to comply with a health and safety duty of care, according to one media report.

There are many occupational health and safety (OHS) lessons from Smith’s death, but one of particular note is that the South Australian Police and SafeWorkSA conducted a joint investigation. Deputy Commissioner of Police Linda Williams said, in a media release:

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Australia’s Wellbeing Budget and Living Standards Framework is on its way

Australia’s new Treasurer, Jim Chalmers, shows an awareness of the importance of good mental health in Australia’s citizens and workers but his strategy, which remains in its infancy, has some problems.

In one of Chalmers’ first interviews after the Australian Labor Party won power last month, he was asked about the Budget he will be releasing in October 2022 (the same month as National Safe Work Month!):

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Safety (funding) differently

When Tony Abbott was the (Liberal) Prime Minister, he reduced the commonwealth grants program substantially as part of his austerity and “debt” and deficit” strategies. This resulted in defunding many occupational health and safety (OHS) support and research units of trade unions, industry associations, etc. OHS has been poorly served ever since. The new (Labor) government has an opportunity to resurrect some of these OHS units by allocating some level of funding and, perhaps, expanding it beyond the traditional consultation triumvirate.

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A new workplace hazard – Long Covid

The policy impacts of COVID-19 were missing from the recently concluded federal election campaign in Australia, but the coronavirus persists and continues to kill. Other than the issue of mandatory vaccinations, the occupational health and safety (OHS) context, outside of the health and emergency services sectors, has not been addressed since the initial SafeWork Australia guidance in March 2020.

The European Agency for Safety and Health at Work recently released a discussion paper on the “Impact of Long Covid on Workers and Workplaces and the Role of OSH”.

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Industrial Manslaughter, psychologically safe workplaces and insecure work – just another day in the Senate

Australia has entered a federal election campaign, but the mechanics of the Australian parliament continued, and various occupational health and safety (OHS) comments were voiced in Senate Estimates. These comments touched on Industrial Manslaughter, regulations on psychologically safe workplaces and insecure work.

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Talking about safety without saying much

The Australian Federal Budget is to be released very soon. As in every year, corporate and industry lobbyists release wishlist budget submissions even though there is no formal submission process. Sometimes these submissions include information, statements and pitches concerning occupational health and safety (OHS). The Master Builders Australia’s prebudget submission has been around since early January 2022 and the OHS chapter is educative on how the Master Builders Australia (MBA), and perhaps similar organisations, sees and understands OHS.

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Why bother with the Federal Government on OHS matters?

Australian political debate has a recurring thread of State and Federal responsibility. Currently, this debate focuses on the emergency response for floods in Queensland and New South Wales. Before this was the COVID response and the Black Summer bushfires. This argument over responsibility has trickled along for many years, for Constitutional and other reasons, including occupational health and safety (OHS).

Some years ago, all the Australian governments had a stab at resolving the split without reforming the Constitution through the OHS harmonisation strategy. It tweaked the system without Constitutional reform, but OHS will remain primarily a State and Territory matter (except for Comcare). This allows Prime Minister Scott Morrison to make bold statements (and some not-so-bold) about national problems like sexual harassment in Australian workplaces or worker exploitation in agriculture, understanding that the local jurisdictions are the ones who need to fix and police the problems.

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