Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing …

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Applying a big stick ….. of foam

South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon. …

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Prohibition on Administrative Controls for psychological health at work

The Australian Institute of Health and Safety (AIHS) and Herbert Smith Freehills (HSF) annual breakfast physically returned this month after a few years of enforced absence. It kept its traditional structure – speeches from the local OHS regulator WorkSafe Victoria, representatives from HSF and AIHS and a summary of a salary survey report focused on …

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Two steps forward and one back

Employers are less criticised about their workplace health and safety performance than the government, even though it is employers who have the primary duty of care for their workers’ occupational health and safety (OHS). The Federal (conservative) government and Prime Minister remind us regularly that the responsibility for OHS sits in the State and Territory … Continue reading “Two steps forward and one back”

Anger is an energy*

Last week a Victorian politician and a senior bureaucrat spoke about occupational health and safety (OHS) at the Worksafe Victoria awards night. On April 28, 2022, the same bureaucrat and a couple of other politicians spoke at the International Workers Memorial at Trades Hall in Melbourne. Did they say anything useful? Did they say anything …

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OHS record restated, but employers omitted

The WorkSafe Awards night for 2021 was postponed a couple of times from its traditional date in Workplace Health and Safety Month, October. The April 21, 2022, event held the potential for a political statement, given that 2022 is an election year for Victoria, and the event was held one week before International Workers Memorial …

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Nobody hates ‘”reasonably practicable” – we tolerate it

Do unions want employers to hold an absolute duty of care for work health and safety? Do unions hate the concept “as far as is reasonably practicable”? The last Australian jurisdiction to hold employers to an absolute duty of care was New South Wales. That position was eroded by the harmonisation process and NSW OHS …

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