Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health …

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Rebooting the Duty of Care

The primary occupational health and safety (OHS) duty rests with employers or, as they are known in most Australian jurisdictions, Persons Conducting a Business or Undertaking (PCBU).  Laws are based on an assumption that employers are aware of this duty and that this duty, to provide a safe and healthy work environment without risks to …

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Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a …

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Extraordinary duty of care prosecution over a near miss

Near miss events, or “close calls”, are important opportunities to review safety and work processes.  In fact they can be the best opportunities as the participants and witnesses are still alive and can provide detailed information on the mistakes, breakages or oversights.  But rarely are companies prosecuted for near misses. In Western Australia, a company has been found … Continue reading “Extraordinary duty of care prosecution over a near miss”

Bullying, duty of care and compensation

The growth of attention to psychosocial hazards in Australia received a considerable boost from a stress survey undertaken by the ACTU some years ago.  During the survey of union-members, it became clear that bullying was a major generator and perpetrator of workplace stress.  The unions went to town on this data and set the agenda for some time in OHS. … Continue reading “Bullying, duty of care and compensation”

From troublemaking to a social movement on OHS

It is unlikely that the book “Troublemaking – Why You Should Organise Your Workplace” will be read by anyone outside its intended audience – trade union members and organisers. However, it should be. Organising people into protests, pressure groups, lobbyists or broader sociopolitical movements is not owned by the trade unions, although they have mastered …

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Mental confusion

Recently, Safe Work Australia published exciting and important data about mental health at work. The data seems to support the assertion that psychosocial hazards at work are a significant risk, but I remain confused. I asked SWA to help unconfuse me and they have tried. One of the biggest handicaps that occupational health and safety …

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