Boland’s WHS Report recommends a practical update of laws and practices

The Australian Government has released the final report of the Independent Review of its Work Health and Safety (WHS) laws, conducted by Marie Boland. Importantly, the Government has not issued its response yet and, given that there is a Federal Election in a couple of months’ time, is unlikely to. Why have another issue complicate the campaign particularly when that response may have to address Industrial Manslaughter laws which would focus on the accountability of business leaders? This Government has already been bruised on a similar issue through a Banking and Finance Royal Commission.

Regardless of this Government’s future treatment of the Boland Report, the report does progress occupational health and safety (OHS) and the operation of the WHS laws, reinforcing some aspects and challenging other. It is obligatory reading for those interested in OHS in Australia.

(SafetyAtWorkBlog is preparing an exclusive interview with Marie Boland for next week)

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Is OHS a socialist plot?

As the dominance of neoliberalism weakens around the world, people are fearful of what comes next. In some sectors, that fear includes occupational health and safety (OHS). OHS is a business cost, in the same way as every other cost of running a business, but it is often seen as an interloper, a fun-sucker, a nuisance and/or an impediment to profitability. This misinterpretation needs to be contested.

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Annual Leave is an institutionalised mental health break

Occupational health and safety (OHS) and Human Resources (HR) disciplines continue to, mostly, operate in isolation and, sometimes, in conflict.  Part of the reason is that workplace matters are often seen as either OHS or HR, even though they are both.

SafetyAtWorkBlog looks for why Australian workers have four weeks of Annual Leave. Continue reading “Annual Leave is an institutionalised mental health break”

More than warm lettuce needed on Industrial Manslaughter laws

Applying the most effective way to have companies comply with their occupational health and safety (OHS) obligations has been debated in Australia and elsewhere for years.  The issue will arise again in 2019 and in relation Industrial Manslaughter laws as Australian States have elections, or the political climate suits.

There are several elements to the argument put by those in favour of Industrial Manslaughter laws. Workers are still being killed so the deterrence of existing OHS laws has seen to have failed.  Deterrence has been based on financial penalties and workers are still being killed so financial penalties have failed. Jail time is the only option left.

This is a simplistic depiction of the argument, but it is not dissimilar to some of the public arguments. The reality is that deterrence is achieved in two ways – telling the person of the consequences of an action and enforcing those consequences.

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Jordan Barab provides important OHS insights

I learnt more about the politics of the United States from Doonesbury than I did from television news and analysis.  I learn more about the politics of occupational health and safety (OHS)  in the United States from Jordan Barab‘s Confined Space newsletter/blog than I do any other media source.  Although the US’s OHS legal structures are different from Australia and other Commonwealth countries, the political ideologies and maneuverings, and fads and statistics are noted by political parties outside the United States.

Recently Barab posted a Year in Review article which is obligatory reading.  His key issues included:

  • A New and Improved Congress (or at least the House)
  • A Headless Agency
  • Inspectors down, enforcement units down, penalties down
  • Return of Black Lung
  • Brett Kavanaugh
  • Regulatory Rollback
  • The Fate of the Labor Movement

Anything sound familiar in your own jurisdiction?

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The Shock of the New

The Australian Human Resources Institute (AHRI) has recently published an article about the significant Human Resources trends for 2019. The trends identified include

  •  “A Change of Government”
  •  “Gig Economy Classification”
  •  “Sexual Harassment”
  •  “Technology Trends”

SafetyAtWorkBlog will be more specific in its occupational health and safety (OHS) “trends” for 2019.

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Addressing the invisible causes of visible harm

The trade union movement was instrumental in showing that workplace bullying was a pervasive problem in Australian workplaces.  Many Codes of Practice and guidances for workplace bullying and occupational violence were written shortly after the action by the Australian Council of Trade Unions almost two decades ago.  But, for some reason, although sexual harassment was mentioned in those early documents, it never received the attention in occupational health and safety (OHS) circles that, in hindsight, it should have.

Perhaps a more sustainable and effective strategy would be to focus on the “harassment” rather than the “sexual”, or in

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