Frogging the National OHS Strategy

Australia has commenced its consultation process for the development of its next ten-year national occupational health and safety (OHS) strategy. These are peculiar documents as no one ever seems to be punished for not achieving the targets or the performance targets are so narrow or general that it is impossible to not achieve them.

One of the elements that all such strategies seek is “emerging hazards”. Even harder is when they seek hazards that no one else has considered or have yet to emerge. One of the challenges with these strategies is less about what they say than how they are implemented and enforced.

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Forces amass against the prevention of workplace sexual harassment

Most of Australia’s media has cooled its reporting on the sexual harassment law reforms championed by the Sex Discrimination Commissioner, Kate Jenkins. Partly this relates to revised laws being proposed in Parliament later this year and that are currently subject to a Senate Committee Inquiry. The media coverage on the proposed laws and the senate inquiry has been thin with only the Australian Financial Review (AFR) giving it any serious attention.

However, research reports on sexual harassment in Australian workplaces continue to appear and the transcripts of the Senate Committee’s public hearings are publicly available, as are the submissions made by, primarily, business and law organisations. What is missing is the involvement of the occupational health and safety profession.

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Political attack falls flat

There is an animosity between the Liberal Party in Victoria and some of its sympathetic media and WorkSafe Victoria, particularly aimed at the CEO, Colin Radford. Most of this has been played out in the mainstream media, but recently, in the Public Accounts and Estimates Committee (PAEC) of the Victorian Parliament, the Deputy Chair, Richard Riordan (Liberal), slagged off WorkSafe and Radford over Victoria’s Hotel Quarantine Program. His attack was ineffective and showed a lack of understanding of WorkSafe’s enforcement role and occupational health and safety (OHS) laws.

This performance overshadowed some of the points being made by the Minister for Workplace Safety, Ingrid Stitt (ALP), in the hearing. However, she omitted the upcoming imposition of on-the-spot fines.

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Is Ken Phillips shooting the messenger and missing the real reform target?

Ken Phillips of Self-Employed Australia is continuing his pursuit of Victorian politicians for breaches of the occupational health and safety (OHS) laws after the failure of the State’s Hotel Quarantine Program that led to the deaths of some Victorians from COVID-19. He has supporters in some of the mainstream media and was recently interviewed by Peta Credlin on Sky but perhaps the clearest explanation of his aims is in an interview with George Donikian on The Informer in May 2021. Just recently, Phillips obtained an update from WorkSafe Victoria and has been doing the media rounds again.

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Repeat OHS offender but you wouldn’t know it

Recently WorkSafe Victoria successfully prosecuted Midfield Meats International over an occupational health and safety (OHS) breach described as:

“a labour hire worker was hit by a reversing forklift as he was stacking cardboard sheets against a wall. The worker’s legs were crushed between the forklift and a steel barrier. He was taken to hospital and suffered nerve damage to his lower legs.”

The company pleaded guilty and was ordered to pay costs of $2000. In a media release, WorkSafe’s Executive Director of Health and Safety, Julie Nielsen, said

“This incident should serve as a wake-up call to this company and to others that it is simply unacceptable for pedestrians and mobile plant to mix…..”

But as OHSintros noted on a Facebook post about the prosecution, the Midfield Group is well known to WorkSafe, with OHS prosecutions going back to at least 2004 which attracted around $280,000 in fines, the largest penalty $95,000 in 2019. So it is worth a brief look at the OHS profile of the Midfield Group.

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Reuse of safety photos

I have been told that any image loaded to Twitter becomes the property of Twitter. As a social media user, this type of situation seems common, but I was surprised when an image of unsafe work activities that I took and posted to Twitter appeared as an “Absolute Shocker” in a construction safety newsletter produced by WorkSafe Victoria. I sought more details from WorkSafe on the image’s use.

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A “safe” workers memorial

At yesterday’s memorial for workers, Victoria’s Minister for Workplace Safety, Ingrid Stitt (pictured above), announced more financial support for the families of deceased workers. She also pledged that the prevention of illness and injury will remain a focus of WorkSafe Victoria and the government, but the centrepiece of her speech was additional post-incident funding.

According to a media statement in support of her appearance at the memorial outside the Victorian Trades Hall, she announced

“…an increase in support delivered by WorkSafe Victoria’s Family Liaison Officers and Family Support Specialists in the first weeks following a workplace death [including] … appointing external Bereavement Support Workers, who will work with WorkSafe and families to ensure ongoing support is available, particularly ahead of important milestones relating to workplace deaths.”

The Minister’s commitment is consistent with the position of the Andrews Government for some time, especially since the campaign for Industrial Manslaughter penalties. The challenge may come from lobbying for grants for these support services.

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