Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018. Some were expected but others will cause concern, primarily, for business owners. Perhaps the major concern is that these commitments are to be rolled out nationally.
Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making. Imposing harsh consequences is hoped to change the behaviour of companies and individuals. Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance.
The Australian Senate’s current inquiry
South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA, is being investigated by that State’s Independent Commissioner Against Corruption (ICAC). SafeWorkSA has been subjected to several inquiries over recent years but the current ICAC one is perhaps the most significant, and one that is generating a lot of local discussion, and that should be watched by all OHS professionals, Regulators around Australia.
It is important to note the specifics of the Inquiry or “Evaluation”.
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.
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?”
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
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.