Law Conference challenges everyone

This week Safe Work Australia commenced another round of public consultation on the recommendations of the Boland Report. There was no hint of this at last week’s WHS Prosecution and Enforcement Conference. That conference had no speaker from SWA but it did have Marie Boland as a keynote speaker, and even she made no mention of this next stage of consultation. However, the conference was lively, challenging and revealing.

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“… merchants of doubt and experts in distorting the truth…”

The Weekly Times newspaper has provided strong coverage of the arguments about quad bike safety for many years, especially, through the work of Fiona Myers and Peter Hunt. The June 19, 2019 edition devoted its front page, page 4, an opinion piece and a cartoon to the objection by the quad bike manufacturers to Operator Protection Devices (OPDs). One of the benefits of long-term media coverage is that changed positions, or hypocrisy, can be shown and this is what Hunt did on 19 June.

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What is the problem that Industrial Manslaughter laws are intended to solve?

Marie Boland speaking on Day one

This week Melbourne Victoria hosted a conference about Work Health and Safety Prosecutions and Enforcement. The two-day conference, run by Criterion Conferences, focused on law and the application of that law. Occupational health and safety (OHS) was largely a subtext of the discussion, but it raised its head occasionally.

The audience of around 100 consisted of many OHS regulators and lawyers from most Australian States. This conference profile set the tone of this conference where a lot of legal knowledge and terminology was assumed even though, occasionally and not knowing the audience, a speaker trod old ground with Law 101.

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OHS largely overlooked in National Outlook Report

The National Australia Bank and the CSIRO have released their National Outlook Report for 2019. It should be no surprise that the only mention of occupational health and safety (OHS) in this report is in relation to “employee wellbeing” – reflecting the current corporate approach to OHS in Australia. The discussion on employee wellbeing in this report is selective and could have been stronger in its recommendations for change.

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Agent Orange and Glyphosate

Discussions about the work-related risks of glyphosate exposure have calmed down until the next court case but it is useful to remember that there have been battles in the past about exposure to agricultural chemicals. Questions in the Western Australian Parliament on 13 June 2019, illustrate the situation in relation to one chemical – 2, 4, 5-T (2,4,5-Trichlorophenoxyacetic acid), a component of the wartime defoliant, Agent Orange.

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The potential of undocumented safety

SafeWorkSA’s CEO, Martyn Campbell, is fast becoming the highest profile occupational health and safety (OHS) regulator in Australia, partly because he has committed to communicating with stakeholders. Recently on the SafetyOnTap podcast Campbell, spoke about non-paper-based compliance. Given the current attention to safety clutter by David Provan and Greg Smith, his comments deserve some brief consideration.

Campbell was speaking about the importance of formalising OHS investigations through ICAM or root cause analysis and how proof of safety compliance comes through paperwork:

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Language, labels, thoughts and restraints

Carsten Busch is a committed voice for improvement in occupational health and safety (OHS) and our understanding of it. Recently he published a research paper entitled “Brave New World: Can Positive Developments in Safety Science and Practice also have Negative Sides?” (open access). The paper is of note for several reasons, not including the use Aldous Huxley’s 1932 novel “Brave New World” a book about a dystopia that many Australian high school students in the 1970s were required to read.

Dystopian novels suit the study of OHS as the structure often reflects a character with new experiences of an unfamiliar culture or an awakening or realisation of their place in the world. Brave New World fits the former and George Orwell’s 1984, the latter. OHS professionals often step into a workplace culture that is foreign to what they have understood to be the norm. They evaluate the new culture, find it wanting and suggest repairs, if they can. Over time some OHS professionals, often through an epiphany, realise that they have not achieved what they expected and either leave or turn on the OHS discipline. Some OHS professionals are able to blend both these experiences and perspectives.

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