Category: SafeWork

Where’s the harm in bullying?

The West Australian Government has released its the report on its Ministerial Review of the State Industrial Relations System. There are a few interesting bits that relate to occupational health and safety (OHS) and bullying.

The Fair Work Commission has been able to accept applications to stop workplace bullying for a few years now. Western Australia’s State system will soon also allow this, if the Government accepts the recommendations, but workplace bullying is a little different from the OHS approach. The report says:

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Safe Work Australia at Senate Estimates

During April 2019 Executives from Safe Work Australia (SWA) attended the Senate Estimates hearings as usual. This current session was a little different as a General Election was imminent and Industrial Manslaughter laws have increased focus on occupational health and safety (OHS) organisations and regulators. Also the Committee included Senator Gavin Marshall who, late last year, was the Chair of the committee which conducted an inquiry into industrial deaths.

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What was overlooked during Budget week

Last week the Australian media was dominated by discussions on the Federal Budget and it being the precursor to a Federal Election in May 2019. But there were several actions in the few scheduled days of Parliament which relate to occupational health and safety (OHS). Below is a summary of some of them.

Labour Hire

In support of the Morrison Government Budget, Minister for Jobs and Industrial Relations, Kelly O’Dwyer, issued a media release stating that in response to Migrant Workers Taskforce Report, the Government (should it be re-elected, in reality) will establish:

“….a National Labour Hire Registration Scheme to ensure compliance and transparency in the labour hire industry in high-risk sectors;”

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Government Department gets an enforceable undertaking following a workplace death

Yesterday (April 4, 2019) SafeWorkSA dropped charges against the Department of Planning, Transport and Infrastructure (DPTI) over breaches of the workplace health and safety legislations that contributed to the death of 54-year-old Debra Summers, in exchange for an Enforceable Undertaking (EU). This move had been flagged earlier noting that it was unusual to accept an EU when a workplace fatality had occurred.

SafeWorkSA’s Executive Director, Martyn Campbell, spoke exclusively with SafetyAtWorkBlog earlier this week to provide more context to the acceptance of the EU. He has spoken to the Summers family in the preparation of the EU and said that some of the request of the family have been incorporated. He also outlined the circumstances of Debra Summers’ death:

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Young worker’s death increases OHS pressure on State and Federal governments

This week an 18-year-old construction worker died in a scaffold collapse on a New South Wales construction site. The occupational health and safety (OHS) regulator has instigated an investigation into Christopher Cassaniti’s death and the serious injury of a work colleague in the same incident, as well as an inspection of scaffolding throughout the State.

An excellent podcast on the incident and the OHS context is available at Triple J’s Hack podcast.

In May 2019 Australia has a general election and, following yesterday’s Budget announcement, Australian politicians are in campaign mode. That might seem irrelevant to the workplace death of a young man but the Shadow Minister for Employment and Workplace Relations, Brendan O’Connor, was interviewed the day after Cassaniti’s death by Triple J’s Hack program. The discussion eventually reached Industrial Manslaughter laws.

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Good, but very limited, advice on workplace mental health

Member magazines, those magazines included in a professional’s membership, are an important source of information. Members of the Royal Automobile Club of Victoria, for instance, receive the RoyalAuto magazine which is really the primary source of information on changes to road rules. Most occupational health and safety (OHS) associations have internal magazines for a similarly targeted audience. Australian accountants have the In The Black magazine.

Recently In The Black published an article about mental health at work titled “Get smart with mental health”. No background to the author, Helen Hawkes, was provided and no references were included for the data used to support statements about the importance of the mental health. Context and sources are important to all articles but arguably moreso for member magazines and, especially, for professionals like accountants who can have a major impact on how OHS is managed.

Much of the information in the article would be familiar to OHS professionals – Return on Investment, the cost of Presenteeism as a percentage of payroll…. What is almost entirely missing is advice on how to prevent mental ill-health from occurring in the first place, and there is no mention of any of the OHS guidance in this area published by Safe Work Australia.

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Exclusive interview with independent WHS reviewer, Marie Boland

SafetyAtWorkBlog had the opportunity to interview Marie Boland earlier this week after the release of her review into Australia’s Work Health and Safety (WHS) laws. Below is an edited version of that interview.

Marie, thanks for talking to me, it’s a terrific report you’ve produced. What was it like to undertake a national investigation of this type, given that it was pretty much you and just a couple of others?

…It was quite daunting at the beginning, but as I said in the introduction and nothing kind of clichéd about it, it was very much a privilege to be able to do it.  And the privilege was enhanced by having the opportunity to go travel all around Australia, and some places I’ve never been before like Tamworth and what it really brought home to me was the diversity of people, workplaces, geography and that these laws are covering and the diversity of people who are dealing with the laws on a daily basis.  So, it was certainly a once in a lifetime experience for me I suppose, and maybe a point in history for the laws as well.

I was very much aware throughout the process of my privilege and being able to do it and also the waves of expectation I suppose and this being the first review of the national laws and also very much aware of all the work that went into creating the laws in the first place.  And certainly, a lot of the people who put so much effort into that work were still obviously very keen on how they were being applied and as I said I was very conscious of respecting all of that as I went around the country.

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