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Principled pragmatism – Human Rights included in OHS Due Diligence

On 16 August 2012, Australia’s Workplace Relations Minister, Bill Shorten, said in Parliament, in relation to new asbestos management initiatives, that” “On 14 March this year, in my first ministerial statement on workplace health and safety in this place, I said that every Australian who goes to work should return home safely. I know both sides of the House endorse this … Continue reading “Principled pragmatism – Human Rights included in OHS Due Diligence”

Is safe work a basic, or fundamental, human right?

Early this century, according to a draft conference paper* in the SafetyAtWorkBlog archives, the late Eric Wigglesworth OAM posed the following question: “In addition to our basic human rights of freedom of speech and freedom of religion, should there also be freedom from injury as a basic human right?” The expectation of a safe and healthy work … Continue reading “Is safe work a basic, or fundamental, human right?”

Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’

The latest set of transcripts from Australia’s Parliamentary Inquiry into Workplace Bullying has been released to the public.  Again, the public hearings provide important insights, not necessarily into the hazard of workplace bullying, but the perception of the hazard of workplace bullying. The transcript of the public hearing in Hobart starts with a presentation from … Continue reading “Bullying Inquiry hears about psychopaths, enforcement and ‘hush money’”

The “head scratcher” in due diligence

I’ve been having a “hmmm(?!)” moments with a wee bit of the due diligence stuff in clause 27 of the Work Health Safety Bill (WHS). I’m interested to hear what you people reckon about it. Here’s the rub: I don’t think it’s possible to get a clear idea of what it means to comply with … Continue reading “The “head scratcher” in due diligence”

Analysis of Montara oil spill reports begins

Legal analysis of the Montara oil spill inquiry reports have started to emerge.  One of the first is by Allens Arthur Robinson (AAR).  It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured.  To many the explosion has far more relevance as … Continue reading “Analysis of Montara oil spill reports begins”

Comcare at Senate Estimates – enforcement performance indicators

Comcare is often seen as a minor player in OHS regulation in Australia because, although it has national coverage, it limits its OHS and workers’ compensation activities to specific industrial and public service sectors.  Although it is limited, it has a monopoly in those sectors and is powerful.  Its role in Australia’s harmonisation program seems to be just another … Continue reading “Comcare at Senate Estimates – enforcement performance indicators”

Is the Education Dept getting off lightly?

If Victoria is the jurisdiction with the least changes needed to meet the new Work Health & Safety Act, it is worth looking at a recent enforcement activity.  On 21 April 2010, WorkSafe Victoria announced an enforceable undertaking with the Department of Education & Early Childhood Development (DEECD). According to the WorkSafe media release this agreement “…requires all equipment … Continue reading “Is the Education Dept getting off lightly?”