“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament: “The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where …

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Safe Work Australia’s COVID19 guidance

In mid-March, pandemic advice from occupational health and safety (OHS) regulators was assessed with the generic guidance from WorkSafe Victoria being praised. Many changes to workplaces have occurred since then and Safe Work Australia (SWA) has caught up with the demand for industry-specific guidance on managing work in this pandemic. SWA’s advice is very good …

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The challenge of preventing harm beyond just “primary prevention”

Fay Calderone’s article in HRDaily on workplace sexual harassment and her responses to some questions from SafetyAtWorkBlog illustrate several points of difference between the usual Legal/HR approach to the management and prevention of workplace risks and the application of the occupational health and safety (OHS) approach. These points of difference are discussed below. Leadership discussion, …

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Mixed messages in a new world – does OHS fit?

There has been much discussion about mixed messages in relation to the COVID19 coronavirus pandemic. Occupational health and safety (OHS) is still trying to adjust to the new working environment and needs to be careful it does not contribute to the confusion that mixed messages is creating. Some of the mix comes from the growth …

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Can poor safety management = negligence?

In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered: “It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.” A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a …

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What employers need to know: the legal risk of asking staff to work in smokey air

The following article is reproduced from the excellent academic communication website The Conversation, and is written by Elizabeth Shi, a Senior Lecturer, in RMIT University‘s Graduate School of Business and Law. The article is a very useful contribution to managing the risks of working in smokey environments but is only one contribution to a discussion … Continue reading “What employers need to know: the legal risk of asking staff to work in smokey air”

Mining comments are revealing

The reader’s comments on online articles can be very revealing. Below is a discussion of some of the comments posted on The Australian website in response to an article about the accuracy of workplace fatality data in the mining industry. Given that this is one of the few mainstream media articles about occupational health and …

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