Concussed sportspeople are workers too

David Michaels devoted a whole chapter to sport-related concussions and brain damage in his 2020 book “The Triumph of Doubt“. He wrote about how the National Football League obfuscated over the appearance of concussions and chronic traumatic encephalopathy, and how the the NFL downplayed the injury’s significance by referring to repeated head trauma as Mild Trauma Brain Injury.

The Australian experience is different and this was examined recently in an excellent edition of the ABC radio program, The Ticket. Significantly several interviewees mentioned the injuries in relation to occupational health and safety (OHS) and workers compensation.

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More workplace bullshit, but in a good way

Bullshit is starting to gain some serious analysis with four researchers recently publishing “Confronting indifference toward truth: Dealing with workplace bullshit” in Business Horizons. One attraction of this research paper is its focus on workplace business communications and conversations, but it is almost impossible to read it without thinking of the recently ousted United States President and how lies and “fake news” have dominated international political discourse.

Another attraction is that it is not just an analysis but one that also suggests pathways to detect and reduce the bullshit. What I was unprepared for was to start to feel sympathy for the bullshitter.

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Truck driver death is relevant to all

Well before the push for Industrial Manslaughter laws was the occupational health and safety (OHS) offence of “reckless conduct”. A media report from the LaTrobe Valley Express recently showed how one employer’s neglect of basic safety practices and processes resulted in the death on 21-year-old Damien Taifer.

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OHS prosecution request over COVID19 sent to WorkSafe

The Australian newspaper is notoriously supportive of the conservative side of Australian politics, so it is little surprise that one of its business journalists, Robert Gottliebsen, is maintaining his advocacy for Industrial Manslaughter and occupational health and safety (OHS) prosecutions over COVID19-related infections, echoing many of the desires of Ken Phillips, the head of Self-Employed Australian and Independent Contractors Australia.

Phillips wrote to WorkSafe Victoria on September 9, 2020 demanding a prosecution by WorkSafe Victoria of a swathe of Victorian government Ministers, public servants, police, as well as

“All members of the management team known as the State Control Centre………….”!

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WFH. What-Ifs. WTF?

On September 12 2020, The Australian’s workplace relations journalist Ewin Hannan wrote about working from home (WFH), a reasonable topic as many Australians have been asked to do this, often at the request of the State Government, in order to reduce and control the spread of the COVID-19 coronavirus. The structure of the article centred on the additional costs and risks to employers from having workers work from home, especially in relation to potential injuries and workers’ compensation. This perspective on occupational health and safety (OHS) is seriously skewed, but it reflects the dominant perspective in the media and the community. A little bit more research would have provided a more accurate picture about Working From Home.

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Getting distracted from safety

Seven years ago, the Australian Capital Territory (ACT) suffered a spike of workplace deaths in the construction sector. The then WorkSafe Commissioner produced a report, supported by at least one conference and extensive consultation, which proposed substantial changes. All of the recommendations from the 2012 Getting Home Safely report were accepted by the government and construction had no deaths for several years after but recent deaths have resurrected tensions between the ACT Government and the Master Builders Association (MBA).

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Useful look at Victoria’s Industrial Manslaughter laws

Eric Windholz has released a perceptive paper on Industrial Manslaughter (IM) that neatly summarises the risks and rationales behind these legislative changes to Victoria’s occupational health and safety (OHS) laws.

Windholz explains two functions of the amendments – a motivator for employers to improve OHS in their workplaces and to provide a pathway for bereaved families to actively consult with the government.

The mechanism for the families’ input is the Workplace Incidents Consultative Committee. Windholz writes:

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