Farm safety is unique, not

Australian farmers feel they work in a unique safety culture into which work health and safety laws have intruded. This intrusion by government and bureaucrats will persist regardless of the number of work-related incidents that happen to farmers, workers and relatives and the children of farmers. All farmers and parents advise their workers and relatives …

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Nobody hates ‘”reasonably practicable” – we tolerate it

Do unions want employers to hold an absolute duty of care for work health and safety? Do unions hate the concept “as far as is reasonably practicable”? The last Australian jurisdiction to hold employers to an absolute duty of care was New South Wales. That position was eroded by the harmonisation process and NSW OHS …

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Increased OHS accountability sought

The political strategy of Ken Phillips of Self Employed Australia (formerly of the Independent Contractors of Australia) received a boost in The Age newspaper on December 12 2021, in an article headlined “Group to mount legal challenge to force prosecution of Premier over hotel quarantine disaster” online (paywalled) or “Business owners seek prosecution of Andrews …

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The Good, the Perfect and the Practicable

Managers often say that we shouldn’t let the Good suffer in the pursuit of the Perfect. And there’s a bit of a parallel there between occupational health and safety (OHS) principles and the legislative requirement to achieve safety only as far as is reasonably practicable. So the aim is the Perfect and the practicable is … Continue reading “The Good, the Perfect and the Practicable”

Lessons for many in the prosecution of Pipecon

The prosecution of Pipecon over two of its workers who died in a trench collapse in March 2018 has opened in Ballarat’s County Court this week. Day one of the plea hearing was reported in the local newspapers and provided details of the circumstances of the events leading up to the deaths of Charlie Howkins …

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“as far as politically practicable”

Last week WorkSafe Victoria announced that it was prosecuting the Department of Health over breaches of its occupational health and safety (OHS) duties with the management of Victoria’s Hotel Quarantine program. There is very little information available beyond what is included in the WorkSafe media release until the filing hearing at the Magistrates’ Court on …

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“reasonably practicable” reduces workers to a cash value

Legal interpretations dominate occupational health and safety (OHS). Understandably, if OHS is only determined by laws, but if the safety of workers is a moral imperative to you, the law is less significant. This latter perspective is rarely voiced, and one of the most important elements of OHS law is compliance “as far as is …

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