On March 10 2020, the Andrews Labor Government and the Minister for Workplace Safety, Jill Hennessy, released a media statement about a “social experiment” involving the safety of young workers, in response to the fact that “about 50 young workers are injured every week”. The statement said that the campaign is “… warning employers to …
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 …
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 …
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 …
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”
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”
Decades ago, the occupational health and safety (OHS) conferences had speakers regularly urging us to focus on the “H” in OHS. The “H” was often “Health”, but it was also the “Human”. OHS professionals have long acknowledged that the profession, and the OHS regulators, focussed for too long on traumatic physical injuries and less on …
