Families of the Dead speak to government

Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered.  The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments.  It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.

The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old 

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A WorkCover book that works

Many consultants publish books on the understanding that a published work provides legitimacy and authority to their advice.  Sometimes these books are vanity productions but increasingly, and particularly in the safety sector, small-run publications are appearing that are well-written, well-edited and well worth reading.  The latest of these, in Australia at least, is “Workcover That Works” by Mark Stipic.

Stipic has been planning this book for some time and developed a clear strategy for this book to address the workers compensation processes in just one Australian State – Victoria.  It is not a workplace safety book but it acknowledges the role of occupational health and safety (OHS) and devotes one of its four parts to “Foundations of Success” in which Stipic discusses safety climate and culture and those management practices that minimise the likelihood of a workers compensation claim being lodged.  Continue reading “A WorkCover book that works”

Focus on safety rather than the Standard

Recently the Safety Institute of Australia (SIA) published an opinion piece about the new international Standard for Occupational Health and Safety Management Systems, ISO45001.  The article professed to answer the question “what does ISO 45001 mean for OHS professionals?” Below is the SafetyAtWorkBlog’s response to that question based on the points raised by the SIA.

The SIA’s Roland Tan states that ISO45001

“provides an opportunity to benchmark with global best practice in managing OHS risks and initiate opportunities to improve OHS performance.”

Australian OHS professionals need to ask whether their clients need to benchmark globally. If not, how is ISO45001 relevant?  It is not.  You would be wasting everyone’s time.

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Does using the Big Stick work?

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

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New inquiry into sexual harassment – an OHS opportunity and challenge

On June 20 2018, the Australian government announced a National Inquiry into Sexual Harassment in the Workplace, claiming it to be a world-first. Sexual harassment is not an occupational health and safety (OHS) hazard in many ways BUT the psychological harm it can create is. The job of an OHS person is to encourage employers to reduce work-related harm through prevention, so we need to prevent sexual harassment, just as we do for all the work activities that contribute to poor psychological health and safety.

The macroeconomic costs of sexual harassment in the workplace may be of interest to politicians and business lobbyists but this can be a significant distraction from identifying ways to prevent psychological harm, which should be the most important legacy of this type of inquiry.

Addressing the OHS impacts of

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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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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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