SafetyAtWorkBlog

OHS and Les Henley

Les Henley is an OHS professional with Safety Australia Group and often challenges my article. I appreciate the dialogue.

This is the latest in a series of profiles/articles intended to humanise occupational health and safety people beyond the structures of LinkedIn and other professional profile site. If you want to participate, email your responses to these questions HERE.

How did you get into Health & Safety?

My first intro to H&S was whilst I was still a Fitter back in the mid-1980s. Following the introduction of the 1983 (NSW) OHS Act, I was elected by my peer trades people to represent them on the inaugural OHS Committee. Then I was elected by the committee members as the inaugural Chair. Later, after several promotions, I took responsibility for OHS for my team(s) and worked hard to keep them as safe as possible in a heavy manufacturing industry. 15.5 years in that one company and I was troubled by the number and severity of incidents, some fatal, several permanently disabling. This led me to a mindset that Australia could do it better. Whilst in middle management, I undertook and completed a Bachelor of Commerce degree with a major in Employment Relations (combing Industrial Relations and Human Resources Management).

After graduating, and having learned so much on the job, I eventually took a redundancy from that company and established myself as a business consultant, initially looking at business systems re-engineering. As the market for OHS increased, I found myself focusing more and more on that aspect of business systems. Now 25 years later, I’m still in that field.

Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title:

“How WorkSafe applies the law in relation to Reasonably Practicable”

What is needed more is a document about how an employer is expected to apply reasonably practicable to their workplace rather than how the law is interpreted. The focus should be on achieving a safe and healthy workplace but the discussion of Reasonably Practicable is almost always reactive and reflective with little advice on how to use this concept in Consultation to satisfy the positive (some still say “absolute”) duty of care. Below is a brief attempt at clarification.

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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Lessons from the US

The current COVID19 pandemic has presented businesses with a confusing risk challenge. Is the risk of infection a public health issue or an occupational health and safety (OHS) issue? The easy answer only adds to the confusion – it is neither and both.

In relation to epidemics and pandemics these are public health risks within which the OHS risks must be managed. In Australia, many of the OHS regulations and agencies were slow to provide the level of detailed guidance that employers were requesting and this was partly due to the regulators and agencies having to scramble together working groups and experts to rapidly produce such guidance. The situation in the United States offers a useful and reassuring comparison to how the Australian governments have responded but also offers OHS lessons for Australian employers.

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OHS and Rebecca Michalak

Dr Rebecca Michalak is the founder of PsychSafe, a company advising companies on issues related to the interconnectedness of occupational health and safety (OHS), Human Resources (HR) as well as the psychological hazards and structures at work and of work. Her combination of skills and experience is a new one for Australia and Dr Michalak is quickly becoming a strong influence on workplace health, safety, and corporate governance.

Dr Michalak has accepted the opportunity to provide a more personal insight into what she does and why she does it in the latest in a series of articles about humanising OHS.

Apology:  Due to unauthorised reproduction of this article in breach of Copyright, access has been restricted to Subscribers Only.  Should you require access to this article particularly, please email the Editor

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Progress back to the old normal

The discussion about recovery from the COVID19 pandemic is starting, particularly in Australian and New Zealand where the infection and death rates seem to be declining quicker than in other countries. The Business Council of Australia (BCA) released its recovery plan on 20 April 2020. The media release is entitled “Business crucial to a safe return to normal“. The word “normal” is more loaded at the moment than normal 🙂 because it belies an assumption that what existed before the outbreak of COVID19 is how the world should be, even though the pandemic has illustrated weaknesses in what used to be the “normal”.

SafetyAtWorkBlog will focus on those elements of the BCA plan that directly or indirectly affect the physical and psychological health of workers but there is also some text, and subtext, that illustrates the ideological position of the BCA.

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OHS and Neil Foster

Neil Foster is a professor at the University of Newcastle in New South Wales with an Arts/Law degree, a degree in Theology and a research Master of Laws degree. He teaches Torts, Workplace Health and Safety Law, and an elective in “Law and Religion”, has published a book on Work Health and Safety Law in Australia and writes an intriguing blog about law and religion. He has accepted the offer of humanising OHS and provided the answers below:

How did you get into Health & Safety?

I was teaching law on a casual basis to “non-law” students in a number of different areas, and my supervisor at the time was asked by the Health Faculty at our University if she could find someone to teach “OHS Law” as part of a degree in OHS they were offering. Keen for more paid work, I agreed! Once I got into this, I saw what an important and interesting area it was, and stuck with it! Some years later the opportunity arose to convert my online teaching notes into a textbook, and I wrote these up just about the time the new WHS Acts were starting into my book “Workplace Health and Safety Law in Australia”.