The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.
Occupational health and safety (OHS) professionals are largely aware of the latest international standard for OHS management systems, ISO45001. This is the core standard for businesses to assess their safe systems of work. Others will be aware of the supplementary guidance to ISO45001, like ISO45003 -guidelines for managing psychosocial risks at work.
Recently Phillipe KL Lai Choo spoke about some of the other OHS guidances due for release or development. One of those relates to climate change which could create unexpected changes to how OHS is regulated and enforced.
“Jobs” is a term regularly used in election campaigns as creating jobs can provide wealth directly to those working and less directly to their employers. But rarely are “safe jobs” mentioned. The Victorian Premier Daniel Andrews mentioned “safe jobs” in his campaign speech for the election later this month. Perhaps more interesting is his pledge to put people before profit.
Andrews was speaking of his success in creating 600,000 jobs since he came to power eight years ago. He said:
“…..when we came to government, we promised we’d get Victoria back to work. Since then, we’ve created nearly 600,000 jobs. More than 300,000 since September 2020. But it’s not just jobs. We want them to be good, secure, safe jobs. It’s why we introduced Australia’s first-ever wage theft laws. And it’s why we made workplace manslaughter exactly what it is: a crime. But when it comes to making Victoria stronger, safer and fairer, our work is far from over.”
Further to the recent article about the 2004 Maxwell Report, it is useful to note the recommendations peppered throughout the report, as collated by K Lee Adams. Although aimed at the Victorian Workcover Authority and WorkSafe Victoria, these are interesting ideas that could be asked of any occupational health and safety (OHS) authority currently. Some have already been addressed; others were posed 18 years ago and have not progressed. The recommendations have been numbered for easier reference.
In 2019, the head of SafeWork South Australia, Martyn Campbell, told this blog that he agreed that government departments should be exemplars in occupational health and safety and that “we should be the pinnacle of safety professionalism and leadership”. It should not be a surprise to hear the head of an OHS regulatory agency claim this, but the origin of the question to Campbell stemmed from a review of Victoria’s OHS Act by Chris Maxwell QC in 2004.
Given the recent OHS-related scandals in various jurisdictions, which have often been related to the management of the coronavirus pandemic, it is worth reminding ourselves of the OHS performance standards that Maxwell advocated for all government departments and agencies.
[This article was submitted to The Age (and elsewhere) as a soft counter to so many workplace articles about health and safety that never include content from an occupational health and safety (OHS) specialist. It was never used, even though rewrites were requested.
So it gets used here and in support of this curious month of October where, in Australia, there are two separate monthly themes – Mental Health and Work Health and Safety. That these themes continue to be separate says heaps about the culture in each of these sectors]
Australian jurisdictions are amending their workplace health and safety (WHS) legislation to specify that the unavoidable duties and obligations of employers must now include the psychological health of their workers and not just physical health. These reasonable and long overdue moves are manifesting in new laws, and new guidances supported by new International Management Standards. The kicker in these changes is that, at least in Victoria, employers will no longer be able to rely solely on awareness training or resilience training to manage workplace mental health. This position could, and should, challenge traditional mental health trainers and lobbyists to recalibrate their workplace strategies.
Continue reading “Resilience training is not dead, but it is coughing up blood”In November last year, Pipecon was found guilty of breaching its occupational health and safety (OHS) duties concerning the deaths of two of the company’s workers in and from a trench collapse. An offence to which the company pleaded guilty. (Details of the incident and prosecution can be found HERE – search for Pipecon). The Ballarat Council has awarded the company a road construction project valued at over $2 million. Should the Council have done so? How does this decision affect the deterrence message that OHS prosecutions are supposed to generate? What does this say about the criteria used in procuring services?
