Category: transparency

“Tell me how I can comply with the OHS law” – wrong request

Recently the Australian Institute of Health and Safety (AIHS) released a chapter of its Body of Knowledge on Ethics. But rather than a discussion of the role of occupational health and safety (OHS) in modern society, it focussed on the ethics of the OHS professional. This is a valid perspective but one of limited relevance to most of the community or to the market for OHS services. A broader consideration of OHS and ethics, one that assists in understanding what is expected of having a Duty of Care, is still required.

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Applying a big stick ….. of foam

South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.

In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.

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Notifiable psych injuries may be what’s needed

Recently the Victorian Government proposed six-monthly reports on psychologically hazardous incidents from employers to the OHS regulator, WorkSafe. The aim is to improve the pool of data available to the government in order to tailor harm prevention and reduction initiatives and a red tape campaign from employers is expected. These incident summaries are not the same as reporting a Notifiable Incident to WorkSafe but the notifiable incidents categories are overdue for a review and, maybe, an expansion.

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Is work health and safety “woke”?

Occupational health and safety (OHS) has always been progressive in that its purpose is to prevent harm to workers and people. It has lost its way sometimes and its effectiveness diluted at other times, but its core purpose has remained. At the moment, there is an ideological, political and cultural resistance to progressive structures and ideas that is often criticised as being “woke”. Woke has an evolving meaning, but it seems to mean well-intended but ineffective.

Recently Australian academic Carl Rhodes examined “woke capitalism” in a new book. Refreshingly Rhodes provides an analysis of woke capitalism rather than a rabid critique. OHS is not the focus of this book (when is it ever?), but his research and perspectives are relevant to how OHS is practiced and the level of influence we believe it deserves.

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A mouse that is trying to roar

Robert Gottliebsen continues to support the campaign led by Self-Employed Australia’s Ken Phillips, to have senior members of the Victorian government prosecuted for breaches of the Occupational Health and Safety (OHS) Act. However, his arguments are becoming weaker.

On February 13 2022, in his column in The Australian (paywalled), Gottliebsen made big claims for Phillips’ legal action, which is being crowdfunded and advised by anonymous (but “some of Australia’s top OHS”) lawyers. He concluded his latest article saying:

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Why is the world “enthusiastic” for regulations?

Unsurprising from a global business magazine, The Economist’s special report on January 15 2002 (paywalled*) bemoaned the new “enthusiasm for regulation”. It clearly includes occupational health and safety (OHS) laws and Australia in its consideration but stops short of asking why this new enthusiasm exists.

Many regulations, especially in OHS, are proposed and introduced to address a wrong or misbehaviour or a new hazard. A major catalyst for Lord Robens‘ OHS laws in the 1970s stemmed from industrial deaths, especially those of the public. The pattern of deaths as a catalyst for change continues today with the Industrial Manslaughter laws, for instance. Another catalyst is new cultural sensitivities; what was tolerated previously is no longer acceptable.

The workplace bullying changes late last century in Australia is a good example, but this also ties in with unacceptable levels of harm. Bullying was often part of the initiation to work and seemed acceptable until workers were severely injured and traumatised, and people found out about it.

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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 over hotel quarantine” in the print version.

Phillips uses a section of Victoria’s Occupational Health and Safety (OHS) Act to make a political point about accountability. Previously, Phillips, his usual mainstream media contact Robert Gottliebsen, and others have called for Premier Daniel Andrews to be charged with Industrial Manslaughter (IM) over the deaths of over 800 people linked to a COVID-19 outbreak from the failure of Victoria’s hotel quarantine program. (The recent non-hotel outbreak is around 597 deaths)

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