There but for the Grace of God ….. the “evaluation” of SafeWorkSA

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”. 

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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. 

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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

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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.

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Preview of Australia’s new work-related psychological injuries guidance

Peta Miller has worked at Safe Work Australia (SWA) for around 17 years.  She leaves there at the end of June.  One of her last public appearances for SWA was the National Health and Safety Conference in Melbourne in May 2018 at which she provided an outline of the new work-related psychological injuries guidance that has been signed-off by SWA but not yet released to the public.

This guide is said to be a large one but not one that requires a re-education on safety and psychological terms.  There is discussion about applying the risk management Hierarchy of Controls to psychosocial hazard identification, the prevention of psychological harm through the design of good work and the identification of psychological hazards without the need to diagnose a medical condition.

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Flogging the banks could help safety

Australia’s Royal Commission into banking and financial services is a few months in and the evidence provided of wrongdoing is so substantial that those who were critical of the need for such an investigation are admitting they were wrong.

SafetyAtWorkBlog is applying the logic that occupational health and safety (OHS) succeeds best when it is part of the organisational culture.  Australia has often held its banking and financial services as “world-class” and many of that industry sector’s leaders have been prominent in speaking about the importance of leadership and corporate morality.

The financial and banking industry’s credibility and authority in Australia is gone and the OHS profession can learn much from this failure, even when the failure is in its early stages of exposure.

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