What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion on occupational health and safety in smokey workplaces that has many, many months to go.

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours. Other employers want to know where they stand.

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Auditors and Exorcists

This article was originally published in the SafetyAtWork magazine in March 2002, has been slightly edited with new links included. It is surprising how slow progress in the auditing sector has been, supporting some of the points raised in the Brydon Review.

The Enron saga means many things to many people. Some see the collapse as a result of greed, others as an inevitable result of US corporate capitalism, yet others focus on the political ramifications of the collapse. From a distance and in the context of workplace safety and risk management, the saga can be seen as a wake-up call for all businesses.

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Auditing the auditors

In the wake of several corporate collapses, the UK Government commissioned a review of the business auditing sector. In 2019, the final report of the Brydon Inquiry was released recommending substantial changes to auditing. Occupational health and safety (OHS) is increasingly considered as part of corporate governance so these recommendations have a direct effect on OHS management and reporting.

This report is relevant to Australia for many reasons, principally, because the audit firms that were scrutinised by Donald Brydon operate here.

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The person in the fashion mask

The Guardian has a very good article (paywalled) about the use of facemasks to prevent exposure to bushfire smoke. The focus is on the fashion end of the personal protective equipment (PPE) so safety gets less attention. This article tries to fill some of those gaps.

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Australian research into corporate culture and mental health

In December 2019, it was announced that Professor Maureen Dollard had received funding to investigate “the impact of toxic workplaces on mental health”. The significance of this research is evident in the University of South Australia media release which describes this research as the “first of its kind in the world.

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Thinking beyond one’s role on OHS

“My approach tends to be revolutionary.”

A major criticism of the Australian Prime Minister’s handling of the current bushfire disaster in South-east Australia is that he was reluctant to engage in the fire fighting or relief effort. Scott Morrison’s reason was valid – firefighting responsibilities sit with the States and Territories. The Federal Government has no direct role in this.

Australian politics, and progress, continues to be hampered by the Constitutional demarcation of National and States rights and obligations, but Morrison missed the point. One does not have to be directly involved in an event to show support and leadership, and leadership can be effective in a secondary, support role. This is equally the case for occupational health and safety (OHS).

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