OHSMarch2025

PROFESSIONAL A U S T R A L I A N I N S T I T U T E O F H E A LT H & S A F E T Y P U B L I C AT I O N

M A RCH 2025

Antarctic leadership Lessons from the edge

When sexual harassment becomes an OHS issue MARCH 2025

Beyond compliance: The evolution of safety leadership

What is the law’s view on ‘reasonably practicable’?

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CLICK HERE TO WATCH

How to navigate your new OHS Professional digital magazine Some of the features that will help you get the most out of your new digital format magazine:

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Access OHS Professional digital magazine: After logging into the AIHS member portal, you can view the new digital issue of OHS Professional. Click the URL and the magazine will automatically open in a new tab of your web browser. Click the left and right arrows to move forward or backwards through the magazine pages. The plus and minus symbols allow you to enlarge or reduce page size.

Advertising enquiries

Advertising Manager Natalie Hall Phone: 0403 173 074 natalie@aihs.org.au For the OHS Professional magazine media kit, visit www.aihs.org.au.

Postal address PO Box 1376, Kensington VIC 3031 Street address 3.02, 20 Bruce Street, Kensington VIC 3031 Editorial Craig Donaldson E: ohsmagazine@aihs.org.au Design/Production Anthony Vandenberg Proofreader Lorna Hudson

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Contents Page: Use the Contents Page to navigate directly to an article of interest. Simply click on the headline to open up your chosen story or section.

Does your safety strategy need a digital upgrade? WHS strategies

often fail to effectively integrate technology and data, creating a critical gap in safety innovation CLICK HERE TO WATCH

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Navigate to Page 14

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Multimedia Content: Watch out for ‘click here’ icons to navigate to an array of additional content including videos, podcasts, and websites, which will open up in new tabs in your browser. Adjust volume on your device.

The AIHS publishes OHS Professional magazine, which is published quarterly and distributed to members of the AIHS. The AIHS is Australia’s professional body for health & safety professionals. With more than 70 years’ experience and a membership base of 4000, the AIHS aims to develop, maintain and promote a body of knowledge that defines professional practice in OHS. Disclaimer: The opinions expressed within are those of the authors and do not necessarily reflect AIHS opinion or policy. No part of this magazine may be reproduced in whole or in part without the permission of the publisher.

Advertising material and inserts should not be seen as AIHS endorsement of products or services.

contents

MARCH 2025

Features

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need to move beyond compliance-focused management to create environments where workers at all levels feel empowered to contribute to safety outcomes

Dr Tristan Casey and Kym Bancroft explore how compliance can move beyond rigid rule-following to become a strategic enabler of business success

SA’s deputy director of health, safety and wellbeing shares his path to becoming an AIHS Fellow and his vision for advancing the OHS profession

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32

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increasing recognition, sexual harassment remains widespread and WHS regulators are urging organisations to take meaningful preventative action

work on the Florida International University pedestrian bridge continued, leading to catastrophic failure, writes Sean Brady

cases highlight the evolving interpretation of ‘reasonably practicable’, as legal experts discuss key precedents, overlapping duties, and lessons for OHS professionals

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Deep compliance: Moving beyond Beyond compliance: The evolution of safety leadership: Why organisations bureaucracy to business value:

When sexual harassment becomes an OHS issue: Despite

Lessons from the Florida International University Bridge collapse: Despite clear warning signs,

Leading by example: Andrew Sloan’s journey to AIHS fellowship: TAFE

What is the law’s view on ‘reasonably practicable’ for WHS? Recent legal

Other Sections

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Antarctic leadership: Lessons from the edge: When Rachael Robertson became Australia’s youngest and second female Antarctic mission leader, she discovered that creating a culture of safety and respect in extreme conditions requires more than just following rules

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From the editor

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Chair’s note

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News

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Policy

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Diversity

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Networking

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Book review

EDITORIAL

note

Advancing the cause of WHS through insights and innovation

There have been a significant number of developments in WHS over the past year, and these developments will continue to evolve in 2025, writes Craig Donaldson

Craig Donaldson, editor, OHS Professional

W

elcome to the first dedicated digital edition of widespread. This article features WHS regulators and other experts OHS Professional magazine. This edition is an who discuss the issue and urge organisations to take meaningful important milestone for the AIHS, as both Institute preventative action.

CEO Julia Whitford (preceding page) in the opening Good risk management is a cornerstone of OHS. Dr Sean Brady, video and Institute Chair Cameron Montgomery (right) explain, a forensic engineer who investigates engineering failures from broadening reach and advancing AIHS’s digitisation strategic and a technical and organisational perspective, delves into lessons sustainability outcomes. The magazine features more content as learned from the Florida International University Bridge collapse well as improved interactivity, with embedded videos, links for in this issue’s risk management feature (beginning page 32). more information, and more opportunities for Despite clear warning signs, work on the Florida engagement.

International University pedestrian bridge The lead feature for this edition (beginning continued, leading to catastrophic failure. Brady “The AIHS is page 20) focuses on Rachael Robertson, who says an unwillingness to stop work is a common became Australia’s youngest and second female observation in major construction incidents, demonstrating its Antarctic mission leader in 2004. As the leader and he explains how organisational pressures commitment to of the 58th annual expedition to Davis Station, compromised safety and what businesses can Antarctica, she faced the challenge of managing a learn to prevent similar disasters. advancing workplace $30 million research program while ensuring the Neurodiversity has become an increasingly safety standards and safety and welfare of her team in one of Earth’s important focus for many organisations in supporting health and recent times. This has direct implications and most hostile environments. Robertson explains how she discovered that creating a culture of relevance for WHS professionals, as John Dony safety professionals” safety and respect in extreme conditions requires explains in the diversity feature for this edition. more than just following rules: “We didn’t all Most organisations still struggle with effectively see eye-to-eye and we didn’t all agree with embracing neurodiversity in a meaningful way, each other, but we found a way to raise issues and have difficult and while awareness of neurodiversity has increased – particularly conversations because we had a strong foundation of respect for in sectors like tech and finance – he says the actual implementation each and every person.” Robertson will also be speaking at the of inclusive policies, training, and workplace accommodations AIHS National Health & Safety Conference 2025 (see back page for remains inconsistent. Turn to page 26 for the full story. more details).

Lastly, the AIHS has been very busy advancing the cause of OHS There have been a significant number of legal and regulatory on a number of fronts over the past year and into 2025. Through developments in the WHS field in recent years. In recognition of strategic advocacy, industry engagement, and evidence-based this, we look at two related issues in this edition – the first of initiatives, the Institute has taken decisive action on issues ranging which is ‘what is the law’s view on ‘reasonably practicable’ for from the landmark ban on engineered stone to the development WHS?’ This story (beginning page 36) features a number of legal of AI-powered safety tools. In working to address critical safety experts who discuss key precedents, overlapping duties and challenges facing Australian workers and businesses, the AIHS lessons for OHS professionals. The second story, ‘when sexual is demonstrating its commitment to advancing workplace safety harassment becomes an OHS issue’ (beginning page 28) explains standards and supporting health and safety professionals. Turn to that, despite increasing recognition, sexual harassment remains page 8 for more information.

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OHS PROFESSIONAL

CHAIR’S

message

Driving progress and impact in WHS

AIHS Chair Cameron Montgomery reflects on the milestones achieved and the path forward in driving progress for workplace health and safety

Cameron Montgomery, Chair of the Australian Institute of Health & Safety

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he theme of the 2025 National Health and Safety and accessible across all devices, broadening our reach and further Conference is ‘Driving Progress’. As the peak body advancing our digitisation strategic outcomes. for workplace health and safety professionals and Our commitment to diversity and inclusion is evident in our practitioners, with a vision for healthy and safe workers strengthened certification pathways, including the launch of the new in productive workplaces and communities, driving progress OHS Practitioner and Professional pathways. Additionally, we are that positively shapes workplace health and safety is at the excited by the establishment of reciprocity arrangements with the heart of everything we do and is highlighted in our Vision 2026 International Network of Safety & Health Professional Organisations strategic plan.

(INSHPO), further strengthening international As we are now halfway through Vision 2026, recognition for WHS professionals.

I am proud to reflect on the collective efforts We have also taken bold steps to elevate WHS “We remain of the AIHS Board, Julia and the national office policy. The Policy & Advocacy Committee (PAC) is team, and our 200-plus volunteer members’ now a sub-committee of the AIHS Board, ensuring committed to achievements. We have accomplished great a sharper focus on key issues. Our proactive advancing WHS progress, proving our commitment to developing advocacy has seen us successfully influence the an effective WHS workforce, advancing engineered stone prohibition and silica regulation standards, equipping legislation, and increasing industry involvement. tightening, strengthening worker protections. We professionals with the have also expanded our media presence, reaching In our mission to enhance WHS expertise, we have launched nine new online learning modules an estimated audience of 615,000 through necessary tools, and and 19 audio files, complementing our existing radio, TV, and news coverage. Our engagement driving meaningful OHS Body of Knowledge (BoK) content. We also with regulators and government has never been change in workplaces introduced new endorsed training providers, stronger, and we are actively shaping policy ensuring alignment with our Learning Pillars. discussions ahead of the 2025 Federal Election. across Australia” Looking ahead, we will deliver our first Essential Collaboration remains central to our approach.

Safety Update, an exclusive member-only event By working with SafeWork SA, we have provided that aims to provide WHS professionals and a dedicated online resource for businesses to practitioners with the latest insights into health, safety, and connect with certified WHS professionals. Our partnerships with wellbeing – from emerging risks to regulatory changes – drawing recruiters and industry leaders are also fostering greater demand for on workplace and economic trends.

WHS Professional and Practitioner certification.

The delivery of key insights remains a priority, with the As we enter the next phase of our strategic journey, we remain successful implementation of the SPARK platform answering over committed to advancing WHS standards, equipping professionals 7065 WHS-related questions in its first three months on topic with the necessary tools, and driving meaningful change in areas including HS management systems, WHS law in Australia, workplaces across Australia. Our progress is a testament to the mechanical plant, electricity, and managing hazardous chemicals. dedication of our members, partners, and stakeholders. Together, we Our flagship publication, OHS Professional, is now fully digital are shaping safer, healthier work for all.

Connect with us: @AIHS_OHS MARCH 2025

@AustralianInstituteofHealthandSafety

Australian Institute of Health and Safety 5

OHS

news

39 billion

$

How much workplace mental ill-health is estimated to cost Australian businesses each year

Government report warns of AI’s impact on workplace safety

Artificial intelligence (AI) and automation present both benefits and threats to health, safety, and wellbeing in the workplace, according to a recent government report. As such, employers and workers need to be educated about the safe and ethical use of AI and other technology in the workplace, said the ‘Future of Work’ report,

which was tabled by the House of Representatives Standing Committee on Employment, Education, and Training. The report, which focuses on the digital transformation of workplaces, said that new technologies such as AI can improve health and safety in workplaces across many industries. This includes employees’ physical and online safety, primarily achieved by monitoring, recording, and reporting workplace behaviours, including checking employees’ adherence to safe practices.

However, the report identified significant WHS implications arising out of excessive monitoring and surveillance of workplaces.

NSW government targets psychological health and safety in construction The NSW Government has launched a campaign to improve psychological health and safety in the state’s construction sector. As part of the campaign, SafeWork NSW inspectors are providing advice and resources to manage psychosocial hazards. These include aspects of work and situations that may cause a stress response, which in turn can lead to psychological and sometimes physical harm. The initiative forms part

of the NSW Government’s Psychological Health and Safety Strategy 2024-2026 plan, which is backed by $5.6 million over the next two years to deliver workplace mental health programs. Some of the common psychosocial hazards in the construction industry are harassment (including sexual or racial), bullying, work pressure, exposure to a traumatic event or violence, and hazardous physical working environments.

Workers impacted by pain and mental health challenges

Critical mental health challenges facing business leaders Australian executives and senior decision-makers face unique mental health pressures that require specific support strategies, according to the National Mental Health Commission. In a recent report, the Commission highlighted how complex circumstances, including environmental disruptions, geopolitical instability, legislative reforms, and pandemic impacts, exposed executives to additional work-related stressors affecting their mental health. ‘Being in a position of influence, it is 6

important to appreciate how you can use your influence to create mentally healthy workplaces that protect, respond to, and promote mental health,’ said the report, ‘A mentally healthy workplace for executives and decisionmakers’. While executive roles offered benefits like autonomy and access to support resources, these advantages often came with heightened demands and pressures, with an increase in resignation rates among executives seeking greater worklife balance and wellbeing.

Pain and psychological distress are common in Australian workers, often to the point where it interferes with their normal work, according to a report.

While 63 per cent of workers rated their overall health as very good or excellent, 39 per cent of Australian workers said pain interfered with normal work and 22 per cent reported a mental health disorder with symptoms in the past 12 months. A further 43 per cent said their job was very demanding, and 18 per cent reported high or very high levels of distress in 2020-21 compared to 8 per cent in 2014-15. “Healthy workers are more productive at work, live longer, report a better quality of life, and use fewer community

resources than unhealthy workers,” said Professor Alex Collie from Monash University’s School of Public Health and Preventive Medicine, whose Healthy Working Lives Research Group produced the Workforce Health in Australia report.

OHS PROFESSIONAL

AIHS

events

6 March 2025 - 12:30PM - 1:30PM

25 March – 26 June 2025 - 9:00AM - 4:00PM

Live webinar presented by The Safe Step. Ready to take your safety career to the next level in 2025? Whether you’re actively job searching or planning your next career move, this session delivers practical insights you can use immediately to stand out from the crowd.

This four-day program (delivered face-to-face over several months) is designed to develop internal capability to drive change in the WA mining sector and assist companies in meeting their requirements under the new WA WHS Act.

7 March 2025 - 8:30AM - 5:00PM

26 March 2025 - 8:30AM - 4:30PM

The AIHS NSW Branch invites you to our unmissable NSW Symposium.

The topic is ‘Trendsetters in WHS: Innovations and Advancements’.

Come and get up-to-date on current trends and developments in WHS and network with like-minded peers.

Endorsed training presented by The Safe Step. A highly practical one-day workshop designed to equip safety professionals with the leadership skills needed to drive meaningful change.

10 March - 06 April 2025

Machinery Risk Assessment according to ISO 12100

Future-Ready: Critical Skills for Tomorrow’s Safety Professional

NSW Health and Safety Symposium 2025

Wellness Practitioner Training Endorsed training presented by Wellness Designs. The Wellness Designs Practitioner training program is designed to educate, empower, and inspire you to develop a targeted and sustainable wellness strategy for your organisation or client.

11 - 25 March 2025

Strategic H&S Communication: Elevating Safety to the C-Suite Agenda Endorsed training presented by Ernst & Young. The course focuses on engaging with the CEO, CFO, CRO, and CHRO to effectively communicate the strategic value of H&S initiatives, elevating safety to a top priority on the C-suite agenda.

11 March 2025 - 1:00PM - 2:00PM

Empowering Workplaces: A fresh take on Psychosocial Safety and Sexual Harassment Management Live webinar presented by MinterEllison. A review of the critical legal and regulatory developments in psychosocial safety risk management over the past 12 months, including the continual integration of sexual harassment and anti-discrimination laws with the WHS framework.

13 March 2025 - 1:00PM - 2:00PM

From Data to Action: Maximising the Impact of Safety Culture Assessments Live webinar presented by Sentis. Head of Psychology, Dr Amy Hawkes, discusses Sentis’ approach to positive safety, the safety experience, and useful tips and advice on selecting the best assessment, dealing with survey cynicism, and making the most of your results.

13 March 2025 - 4:30PM - 5:30PM Brisbane Networking Afternoon

Join us for an engaging afternoon designed to connect Brisbane-based professionals while diving into a critical workplace topic. This is your opportunity to expand your professional network, exchange ideas, and gain valuable insights into risk-based emergency planning through a short seminar delivered by industry experts.

18 - 19 March 2025

Wellness Designs Practitioner Endorsed training presented by Wellness Designs. The Wellness Designs Practitioner training program is designed to educate, empower, and inspire individuals to develop a targeted and sustainable wellness strategy for your organisation or client.

MARCH 2025

Psychosocial Risk Management: Capability Enhancement

HSE Amplify: Future Leader Workshop

31 March - 01 April 2025

Endorsed training presented by Pilz. This comprehensive workshop equips participants with the essential knowledge and skills to conduct machinery risk assessments in line with AS/NZS 4024.1201 (ISO 12100) Safety of machinery standards.

3 - 4 April 2025

Hobart Networking Breakfast Join us on Friday morning bright and early for an engaging breakfast and coffee to connect safety professionals across Tasmania. This is your chance to expand your network, exchange ideas, and gain valuable safety industry insights.

3 April 2025 - 1:00PM - 2:00PM

A Safety Mindset - Think like a Fire Watch Commander Live webinar presented by Nicholas Bell. In this session, Nick, an ex-Watch Commander (Fire & Rescue), will show you his top ten techniques for creating a safer workplace for all staff & middle managers and up in any organisation.

10 April 2025 - 1:00PM - 2:00PM

Beyond Hot Flushes & Mood Swings: Why Menopause Belongs on the Safety Agenda for Inclusive & Supportive Workplaces Live webinar presented by Deanne Boules. We explore why menopause and perimenopause belong on the workplace safety agenda – not as a problem to be managed, but as an opportunity for organisations to foster healthier and safer workplaces.

15 April 2025 - 1:00PM - 2:00PM

Advanced Workers Compensation Masterclass Live webinar presented by EML. Curated by Keith Govias (WHS Manager, EML), the session will provide insights from a technical expert from EML’s experienced Eligibility Team, Kim Connors (National Head of Psychological Services, Procare Group) and Nick Tyson (Director, Procare Group).

2 - 4 June 2025

2025 AIHS National Health & Safety Conference From new technologies to fostering continuous improvement, every step forward counts. This year’s program focuses on collaboration, innovation, and practical solutions to build safer, more resilient workplaces and prepare for the future of safety.

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POLICY

AIHS policy: Shaping the future of workplace safety

As Australia’s peak WHS body, the AIHS has pushed for meaningful change through its strategic policy initiatives in 2024-25

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he Australian Institute of Health and Safety (AIHS) has established itself as a pivotal force in shaping workplace safety policy across the nation. Through strategic advocacy, industry engagement, and evidence-based initiatives, the AIHS has worked to address critical safety challenges facing Australian workers and businesses. The past year has seen the AIHS take decisive action on issues ranging from the landmark ban on engineered stone to the development of AI-powered safety tools, demonstrating its commitment to advancing workplace safety standards and supporting health and safety professionals.

Safety standards accessibility

The AIHS launched a campaign in 2024 to address the financial chapters on heavy vehicle operations, vulnerable road users, mental burden of accessing workplace safety standards. The initiative health of occupational road users, and vehicle accident investigation. focused on removing cost barriers that potentially compromise Safe Work Australia data showed the transport industry had the workplace safety, particularly for small businesses struggling with highest number of worker deaths of any industry in 2024, with 54 operational expenses. Currently, 17 Australian standards referfatalities. Through its ‘Roads Are Workplaces Too’ campaign, the enced in the Model WHS Regulations must be purchased, with potentially dozens more in state-based legislation.

AIHS maintained sustained advocacy for transport worker safety AIHS Chair Cameron Montgomery took this message to multiple throughout the year, intensifying campaign efforts during peak media platforms, including appearances in Safe to Work magazine, travel periods, including school holidays. The campaign gained where he continued his advocacy for freely available standards. His significant media attention nationally, with Montgomery appearing sustained campaign highlighted that standards referenced in legison WIN News in September and December; radio news bulletins lation should not require payment to access. “These documents are across Victoria, the ACT, New South Wales, South Australia, Western crucial to ensuring workplaces are safe and productive. Any stanAustralia, and Queensland, and in regional and industry publications dards referred to in legislation should not sit behind a paywall and including Fleet EV and Big Rigs. should be freely available to those tasked with adhering to them in In September 2024, the AIHS highlighted specific challenges faced order to keep workplaces safe,” Montgomery said. by transport workers during increased holiday traffic. In December, The campaign gained particular momentum during National Safe Montgomery emphasised the festive season as a critical period for Work Month in October 2024, when the AIHS emphasised how transport workers and all road users, including delivery drivers, these costs affect various stakeholders. The standards cover critical tradespeople, and home care providers. safety areas including respiratory protective devic“Working in transport can be a challenging job es, asbestos identification, electrical installations already, without added pressures of additional at construction sites, and occupational health and vehicles on the road – many of which may have “Working in transport safety management systems. For WHS professiondrivers who aren’t used to being around trucks can be a challenging als, accessing necessary standards across multiple and other heavy vehicles,” Montgomery noted job already, without industries and jurisdictions represents a significant during the campaign. The AIHS emphasised cost burden in maintaining current knowledge. practical safety measures, urging drivers to give added pressures of The AIHS noted that previous pricing models heavy vehicles adequate space for manoeuvring additional vehicles on were based on physical page printing costs, despite and braking, while encouraging transport workers modern digital distribution methods. A precedent to factor increased holiday traffic into their route the road” for change was established when several standplanning. ards were made freely available, though these did not extend to commercial use. The AIHS continues to contribute to Climate and weather safety standards development, with representatives serving on 30 Standard The AIHS took proactive steps to address workplace safety challengCommittees, demonstrating its commitment to both the quality and es related to extreme weather conditions, launching a campaign on accessibility of these crucial safety documents. summer heat conditions as Australians returned to work in January.

The Institute emphasised that heat remains the most frequent cause Road and transport industry safety of weather-related hospitalisations and deaths in Australia, prompting The transport sector emerged as a key focus area, with AIHS securthe development of detailed workplace heat management guidelines. ing a $495,000 grant from the National Heavy Vehicle Regulator’s Montgomery outlined specific impacts of heat exposure, ranging 2024-2025 Heavy Vehicle Safety Initiative. The funding aims to from fatigue and irritability to severe conditions including dehyenhance road safety through updated training modules and safety dration, heat exhaustion, and heat stroke. The guidance provided guidelines. The project, scheduled from November 2024 to May practical strategies for employers, including the provision of shad2026, will expand the OHS Body of Knowledge to include new ed work areas, task rotation to limit sun exposure, and scheduling 8

OHS PROFESSIONAL

CLICK HERE TO WATCH

adjustments to avoid peak heat periods. The AIHS also highlighted concerning statistics from the International Labour Organization, which reported that three-quarters of the workforce in Asia and the Pacific are exposed to excessive heat.

The initiative extended beyond heat management to address severe weather events, particularly during storm seasons. The AIHS offered emergency preparedness guidance for workers who may be impacted. This included recommendations for emergency kits containing essential supplies and specific protocols for managing dangerous conditions such as lightning risks near pools, powerlines, or large trees.

Agricultural safety

On National Agriculture Day 2024, the AIHS addressed the multifaceted safety challenges facing agricultural workers. The sector ranked second in worker fatalities, with Safe Work Australia statistics revealing an average of 38 deaths in the industry per year over the past five years. AIHS CEO Julia Whitford highlighted the unique combination of physical and psychological safety challenges that characterise agricultural work.

A particular focus was placed on the rising incidence of quad bike accidents. Data revealed a 24 percent increase in fatal quad bike accidents and rollovers compared to the previous year, with a total of 19 deaths recorded in 2024. The AIHS promoted specific safety measures including completion of registered quad bike training courses, installation of crush protection devices, and guidelines for safe operation in various weather and terrain conditions.

The AIHS also addressed the psychological safety challenges unique to agricultural work, including high-stress seasonal pressures during intense periods of planting, harvesting, shearing, lambing, felling, fishing, and calving. The AIHS noted that agricultural workers face additional challenges due to their limited control over variables such as weather, disease, and market conditions, compounded by restricted access to healthcare in remote locations.

Technological innovation

In September 2024, the AIHS launched SPARK (Safety Professionals Access Real-Time Knowledge), an Australian-first AI-powered tool designed to revolutionise access to safety information. This innovative system can process thousands of pages of legislation and regulations instantaneously, providing immediate, accurate responses to safety queries.

MARCH 2025

Whitford explained that SPARK was developed in response to member feedback and needs. The system has been trained on multiple critical information sources, including state-based legislation and regulations, OHS Body of Knowledge content, OHS Professional magazine content, and general organisational information from the AIHS website. This comprehensive training allows SPARK to provide rapid access to information that previously required manual searching through thousands of pages of documentation.

The tool’s implementation represents a significant advancement in making safety information more accessible and user-friendly. As SPARK itself describes: “I’m here to help you with a broad range of workplace health and safety information.

Whether you need info on OHS regulations, best practices, or specific topics from the OHS Body of Knowledge, I’ve got you covered. I can also assist with career advice, professional development opportunities, and updates on AIHS events and resources.”

Engineered stone ban

The AIHS played a crucial role in securing the nationwide ban on engineered stone, which came into effect 1 July 2024. This world-first was in response to statistics showing that as many as one in four stonemasons working with engineered stone were contracting silicosis, a severe form of lung disease that develops after relatively short exposure periods and worsens quickly.

The campaign involved building a strong coalition with leading health organisations, including the Lung Foundation Australia, the Thoracic Society of Australia and New Zealand, Cancer Council Australia, the Australian and New Zealand Society of Occupational Medicine Inc, Public Health Association Australia, and the Australian Institute of Occupational Hygienists. The AIHS also formed strategic partnerships with unions such as the Australian Workers’ Union and the ACTU to strengthen advocacy efforts.

The institute was also a finalist in the Association Awards for Campaign of the Year for its campaign into banning engineered stone. Through targeted media campaigns, joint statements, and evidence-based submissions to WHS Ministers, the AIHS helped achieve this ground-breaking regulatory change. The ban now prohibits the manufacture, supply, processing, and installation of engineered stone products, setting a new global precedent for occupational health standards.

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LEADERSHIP

Beyond compliance: The evolution of safety leadership

Australian organisations need to move beyond compliance-focused management to create environments where workers at all levels feel empowered to contribute to safety outcomes

A

ustralian organisations continue to struggle with implementing genuine safety leadership across all levels.

The predominant focus on compliance and hierarchical structures has created barriers to developing authentic safety leadership cultures. While systems are in place to ensure compliance, these often fail to foster genuine leadership, said Craig Docherty, CEO and Founder of Fusion Safety. “Leadership programs are typically designed to manage better, not to lead,” explained Docherty, who emphasised the need to move beyond transactional leadership models and adopt a more human-centred approach.

Traditional safety systems focus on predefined methods, such as toolbox talks and pre-start procedures. Docherty contrasted this with the complexity of real-world work, which he described as “a social ecosystem”. The challenge lies in recognising the inherently social nature of work and designing leadership frameworks that encourage collaboration and mutual understanding. Too often, organisations focus narrowly on compliance frameworks, overlooking the broader need for cultural alignment.

Docherty observed that this compliance-driven mindset limits the development of meaningful leadership skills, as programs are rarely designed to address the nuances of team dynamics.

Craig Docherty, CEO and Founder of Fusion Safety, believes that understanding the social dynamics of work is crucial for effective safety leadership

The paradigm shift required for personal and organisational change

Transforming safety leadership demands a shift from linear, proHe stressed that effective safety leadership extends beyond implecess-driven thinking to adaptive, situational approaches. Docherty menting systems to fostering a culture where individuals feel valued observed that many leaders, conditioned by structured environand heard. “If leaders can create an environment of trust and openments, struggle to embrace the non-linear, trust-based methods ness, teams will naturally collaborate and problem-solve,” he said. essential for effective leadership. “As you progress in your career, the One of the critical gaps, Docherty noted, lies in the perception of assumed skills of leadership often overshadow the need for continusafety as a technical function rather than a relational one. By reframous development,” he said. ing safety as a social construct, organisations can begin to address Docherty highlighted the importance of cultivating openness and the systemic issues that hinder progress. “This is the key to changing trust within teams. He recounted the story of a senior leader unathinking and is required as a first step to establish high reliability ble to articulate their role to their children, using teams capable of amplifying and dealing with this as an example of leadership’s complexity. weak signals that are the precursors of safety being “Leadership programs “Leadership is situational,” he noted. “It requires compromised. However, although the concept of high reliability teams is well known in the safety a deep understanding of interpersonal dynamics are typically designed industry, the actual knowledge, skills, attitudes, and the ability to foster an environment where to manage better, not and processes needed to develop high reliability teams feel empowered to speak up.” teams is poorly understood,” said Docherty.

Expanding on this idea, Docherty explained that to lead” This shift in thinking requires recognising that traditional leadership models often fail to account leadership exists at all levels, not just within the upfor the fluidity of modern work environments. per echelons of management. Docherty underscored the importance of Leaders must navigate a landscape where interpersonal relationempowering all workers to contribute to safety culture, regardless of ships, individual motivations, and collective goals intersect in unpretheir official roles. “Leadership isn’t tied to a title; it’s about influence dictable ways. This requires a departure from prescriptive leadership and action,” he said. styles to approaches that are responsive and grounded in trust.

To make this shift, Docherty recommended integrating leadership Docherty emphasised that trust cannot be imposed. Instead, it training with a focus on interpersonal skills, cultural storytelling, and must be cultivated over time. “Building trust involves consistent value alignment. By doing so, organisations can build resilience and actions that demonstrate care and respect for others,” he said. adaptability, ensuring that safety is not just a procedural requireLeaders who listen actively and respond thoughtfully to their teams’ ment but a shared organisational value. concerns create an environment where openness flourishes. This 10

OHS PROFESSIONAL

openness, in turn, enables teams to identify and address challenges collaboratively.

Another significant factor is the role of vulnerability in leadership.

Docherty noted that leaders who are willing to admit their limitations and seek input from their teams foster stronger connections.

“When leaders show they are human, it breaks down barriers and encourages others to engage more authentically,” he said. This human-centred approach not only strengthens relationships but also enhances problem-solving capabilities within teams.

Ultimately, Docherty argued that embracing situational leadership requires a mindset shift. Leaders must move away from viewing their role as directive and instead see themselves as facilitators who enable their teams to thrive. This shift is essential for navigating the complexities of modern workplaces and fostering a culture where safety and collaboration are prioritised.

The geographical nuances of safety leadership

Docherty’s experience across Australia and Asia revealed stark contrasts in leadership styles and challenges. In Asia, hierarchical command-and-control models dominate, often exacerbated by migrant workers’ vulnerability. “Power dynamics, such as holding MARCH 2025

passports or social pressures, can suppress workers’ voices,” he explained. In contrast, Australia’s informal culture allows for more open dialogue but introduces its own barriers. Younger workers may feel pressured to appear knowledgeable, while older workers may resist change due to entrenched habits.

Despite these differences, Docherty argued that the solution is universal: recognising work as a social construct. By addressing cultural and power dynamics, organisations can create environments where safety concerns are freely communicated and collaboratively resolved.

Docherty elaborated that the hierarchical nature of leadership in Asia often creates significant barriers to safety dialogue. Workers may feel unable to report hazards or voice concerns due to fear of retribution or cultural norms that discourage challenging authority.

This issue is further compounded by the transient nature of migrant labour, where economic pressures and job security often outweigh safety considerations.

Conversely, the openness in Australian workplaces can sometimes lead to overconfidence or a lack of structure, particularly among younger workers eager to prove themselves. Docherty noted that younger employees often hesitate to ask questions or admit gaps 11

in their knowledge, fearing it may reflect poorly on their capabilities. Similarly, experienced workers may resist adopting new safety measures, relying instead on ingrained habits and personal experience.

Docherty suggested that organisations adopt tailored approaches that account for these regional and cultural nuances. In Asia, fostering psychological safety – a sense of security that encourages employees to speak up without fear of negative consequences – can help bridge the gap. In Australia, embedding structured mentorship programs can provide younger workers with guidance while respecting the expertise of seasoned employees.

Docherty underscored that regardless of location, the ultimate goal remains the same: building trust and fostering collaboration.

By addressing the unique cultural and demographic factors at play, organisations can create more inclusive environments where safety becomes a shared responsibility. “Leadership is about recognising and leveraging the strengths of diverse teams to achieve a common goal,” he said. “When everyone feels heard and valued, safety becomes a natural outcome of that collective effort.”

The four-step approach to building safety culture

Docherty outlined a structured process for fostering genuine safety leadership. First, organisations must diagnose their current state, assessing both safety management systems and team dynamics.

Next, they should prepare teams by ensuring cultural strategies are viewed as essential, not optional. The third step involves building capability at all levels, from executives to frontline workers.

Finally, organisations must commit to sustained practice, which involves embedding these skills into daily operations.

Docherty cautioned against skipping steps, particularly the initial diagnosis and priming phases. “Jumping straight into training without foundational work often leads to flat results,” he said. Instead, he recommended a holistic approach that integrates design, power, and cultural lenses.

To reinforce this process, Docherty stressed the importance of integrating leadership principles into everyday practices. For example, regular team check-ins and open discussions can help leaders gauge the effectiveness of safety initiatives and ensure alignment with organisational values. He also highlighted the significance of recognising and rewarding behaviours that reflect the desired culture, as this Operationalising safety leadership theories reinforces the importance of these efforts across all levels.

Referencing thought leaders such as Karl Weick, Todd La Pote, Moreover, the capability-building phase should extend beyond Karlene Roberts, Timothy Vogus, Kathleen Sutcliffe, Sidney technical skills to include interpersonal and situational awareness Dekker, Erik Hollnagel, and John Carroll, training. “It’s not enough to teach someone how Docherty stressed the importance of translating to complete a safety report; they need to underacademic theories into practical applications. stand how to engage with their team meaning“Building trust “For example, although it sounds easy to empowfully,” Docherty said. This dual focus ensures involves consistent er workers to speak up and to act on weak sigthat leaders and workers alike are equipped nals, in practice, leaders need to first appreciate to navigate the complexities of modern safety actions that the challenges raised by the prevailing organisachallenges. demonstrate care and tional and work team cultures and then skilfully Lastly, the commitment to sustained practice bring about changes in thinking and behaviours. must be underpinned by continuous evaluation respect for others” It’s not a case of ‘one cap fits all’ – often, our sysand improvement. By tracking progress and sotems are designed to control, not to empower,” liciting feedback, organisations can identify areas said Docherty, who instead advocated for leadership frameworks of success and opportunities for further development. This iterative that prioritise effective communication and trust. approach ensures that the safety culture remains dynamic and reDocherty explained that implementing these concepts requires sponsive to emerging challenges. starting at the executive level. “Without executive buy-in, cultural initiatives often fail,” he cautioned. He emphasised the need for Advice for safety professionals seeking change leaders to legitimise and model the behaviours they wish to see, Docherty urged safety professionals to differentiate between managecascading these values throughout the organisation. ment and leadership, stressing that true leadership involves underHe also noted that translating these theories into actionable standing work’s social complexities. He encouraged continuous learnstrategies requires careful consideration of an organisation’s exing, particularly in organisational psychology, and emphasised the isting culture and dynamics. This involves diagnosing where the importance of viewing work through multiple lenses. “By examining organisation currently stands in terms of leadership and safety the design, political, and cultural aspects of work, safety professionals practices and identifying gaps that need to be addressed. Docherty can identify gaps and implement meaningful changes,” he said. emphasised that the process is iterative and requires patience, as To deepen their impact, Docherty recommended safety profescultural transformation cannot be achieved overnight. sionals broaden their perspective by actively seeking diverse viewAdditionally, he highlighted the role of mid-level managers in points from both their teams and external sources. He emphasised operationalising these theories. While executive support is critithe value of cross-disciplinary learning, urging practitioners to encal, it is often mid-level leaders who interact most frequently with gage with fields like behavioural science and organisational change teams and influence daily behaviours. Equipping these leaders to enrich their understanding of leadership dynamics. “Learning with the tools and understanding to foster trust, empower employfrom outside the traditional safety domain can provide fresh insights ees, and align actions with organisational values is vital. “Midand innovative approaches,” Docherty explained. level managers are the bridge between strategy and execution,” Additionally, Docherty highlighted the importance of self-awareDocherty said. “Their buy-in and capability can make or break the ness in leadership. He argued that effective leaders continually success of cultural initiatives.” assess their own biases and behaviours, ensuring their actions align Finally, Docherty underscored the importance of feedback loops with organisational values and goals. “Leadership starts with perin embedding these concepts into practice. Regularly assessing the sonal accountability,” he said. “Understanding your influence on effectiveness of leadership behaviours and their impact on team team dynamics is crucial for fostering a collaborative and trust-based dynamics allows organisations to adapt and refine their approachculture.” es. He argued that this commitment to continuous improvement Docherty also pointed to the significance of building strong netis a hallmark of effective safety leadership and a necessary step works within and outside the organisation. By connecting with peers towards achieving lasting cultural change. and industry experts, safety professionals can share best practices, 12

OHS PROFESSIONAL

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gain new perspectives, and drive collective improvement. This collaborative approach not only accelerates personal growth but also strengthens the overall safety culture within the organisation.

Ultimately, Docherty’s message is clear: “Safety leadership is needed at all levels of an organisation. But to achieve that, leaders with positional power must not only believe that safety leadership is the domain of everyone in an organisation, but skilfully set about changing the prevailing attitudes and practices that often act like impermeable barriers to better practice. Through this approach, organisations can unlock their safety potential and create environments where everyone, regardless of role, feels empowered to lead,” he concluded.

With more than 30 years’ experience in OHS, Docherty’s international career began in Singapore (1998), managing safety for a greenfield chemical plant construction. In 2000, he led global construction/ commissioning safety for a major US pharmaceutical company. He returned to Singapore in 2005 where he served as Director OSH Inspectorate and Deputy Commissioner. During this time, he oversaw a new strategic enforcement program which included the investigation of over 130 workplace fatalities. Now, Craig is Founder and CEO of Fusion Safety Management, which provides top-tier OHS consulting to major international companies across Asia and Australia. Fusion Safety is a gold member of the Australian Institute of Health & Safety.

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13

COMPLIANCE

Deep compliance: Moving beyond bureaucracy to business value Dr Tristan Casey and Kym Bancroft explore how compliance can move beyond rigid rule-following to become a strategic enabler of business success

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ompliance dates back thousands of years. The Code of NASA introduced stricter compliance protocols to enhance safety.

Hammurabi is one of the earliest known compliance However, these measures also added layers of bureaucracy, making frameworks, from 1754 BC. From a compliance viewpoint, the program increasingly rigid. Over time, this inflexibility limited the Code exemplifies many foundational principles: transadaptability and innovation, ultimately playing a role in the decision parency (i.e., published laws viewable to all), standardisation (i.e., to retire the Space Shuttle Program. attempts to ensure consistency of implementation), fairness (e.g., a functional judiciary), accountability (i.e., identifying specific Balancing compliance with business success individuals who are liable), and mechanisms for compliance and But not all is doom and gloom in the compliance world. The most deterrence (e.g., punishments, sanctions, and fines). Some parts of successful regulatory systems balance oversight with flexibility, the Code even bear some resemblance to modern health and safety ensuring that businesses innovate while also adhering to standregulations, with an emphasis on ensuring construction quality and ards. In short, ‘compliance done well’ is a foundation of effective safety. So, we could argue that compliance is as ancient as civilisabusiness practice through ensuring alignment with best practice, tion itself. achieving a minimum standard across industry, and enabling Fast forward to the early 20th century, and we find that (for better incremental gains and even transformative changes in step with or worse), not much had changed apart from a emerging threats. Consider how compliance has few key ideas and methods. assisted with diversity and inclusion, respect at Fredrick Taylor, father of ‘Scientific work, community wellbeing and injury/illness “The most successful Management’, and the Gilbreths, a husband-andreduction, and even climate change. wife team of proto-psychologists and human Ever wondered where compliance efforts can regulatory systems factors experts, overlapped in many ways. Take, go wrong? Well, traditional compliance approachbalance oversight with es often get lost in the process of regulation. for instance, their common stances on principles of compliance: They get so focused on the ‘what’ and the ‘how’ flexibility, ensuring • There is always one ‘best way’ to perform a task. that they fail to start with the ‘why’. Compliance that businesses • C ompliance with the one ‘best way’ usually becomes an exercise in checking boxes from dark innovate while achieves the best results. cubicles far away from where operational work • T he ‘best way’ of doing work can be discovered by gets done. Compliance is seen as a bureaucratic also adhering to observing and analysing how tasks are normally exercise; a ‘necessary evil’ that adds little to no standards” done, and eliminating wasted effort. business value.

• T here is a natural distinction between managers History is filled with examples of organisation(who set the standards and enforce compliance) al failures where an overemphasis on compliance and workers (who perform the work in alignment with the standards). has led to catastrophic outcomes. A recurring theme in many disaster inquiries is the ‘illusion of good safety management’, where The rise of compliance as an industry compliance efforts create a polished exterior, masking deeper issues.

And so, the modern safety compliance function was born. From Strong WHS management system audit results, for instance, can not-so-humble beginnings, entire industries both within and outpaint a reassuring picture, while in reality, frontline practices may side workplace health and safety (think legal, financial, cybersecube falling short. This disconnect creates a dangerous blind spot, rity, environmental) sprung up to develop so-called ‘best ways’ to diverting attention away from what truly matters – understanding, do things within organisations, and importantly, tools, levers, and improving, and effectively delivering core operational work. mechanisms to try and achieve compliance.

By moving beyond this checkbox or ‘surface’ mentality, compliThe impact of compliance on the world is not to be understated. ance becomes a tool for enhancing performance, mitigating risk, and Indeed, compliance frameworks improve business integrity, economfostering sustainable business growth. ic stability, and public health, safety, and overall welfare.

But where can compliance go awry? Global criticism of compliMoving beyond “ticking the box” ance is commonplace, especially in today’s political environment Organisations that reposition compliance as a strategic enabler, where business interests are coming to the forefront of governmental rather than a bureaucratic burden that divorces rules and reguladecision-making. Regulation and compliance can, of course, be comtions from their original intent, can unlock several advantages: pletely overcooked, leading to excessive burden and bloated costs.

• Employees are more likely to embrace compliance when it is Slower innovation, reduced competition, and increased inefficiency seen as valuable, well-intentioned, and practically useful rather are other concerns – not to mention ‘who regulates the regulators’ in than as bureaucratic, constraining, and limiting. the face of ever-present corruption risks.

• Shifting from rigid rule-following to ‘goal-oriented compliance’ For example, after the Challenger and Columbia disasters, reduces unnecessary tasks and fosters smarter decision-making.

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• Integrating compliance into business strategy can paradoxically increase innovation and efficiency while also staying ahead of regulatory changes.

But what does good look like? Deep compliance occurs when employees mindfully engage with compliance requirements, ensuring they understand and apply them in a way that truly prevents or mitigates risk. Instead of merely (and blindly) following rules with the least effort possible, workers: • R ecognise the true intent behind compliance measures.

• Align compliance activities with real-world operational tasks and risks.

• See compliance as an embedded part of their work, and rules and requirements (like procedures) as resources rather than as constraints.

Deep compliance bridges the gap between policy and practice, making workers’ efforts more effective, sustainable, and meaningful.

For example, a large manufacturing organisation in the Asia-Pacific region discovered that many leaders were ‘surface complying’ with safety leadership observations – ticking the box without real engagement. The reasons were clear: lack of time, a weak connection between the process and real improvement, and limited ownership.

To address this, the organisation shifted to a ‘quality over quantity’ approach, educating leaders on how surface compliance can take hold and aligning the process with ‘work as done’ principles. The result? Higher-quality observations, improved compliance, and most importantly, greater trust from the frontline, who saw meaningful, systemic improvements filtering through their worksites.

But nothing remains the same for long. Studies have shown that emerging compliance requirements are often among executives’ top priorities. So, almost counter-intuitively, compliance must strike a balance between stability and flexibility. Enter adaptive compliance.

Adaptive compliance and the future of regulation

Adaptive compliance acknowledges that regulatory and operational landscapes are constantly changing. Instead of rigidly applying static rules, adaptive compliance enables organisations to: MARCH 2025

• Modify and refine compliance practices based on changing risks and circumstances.

• Encourage employee-driven innovation to find better ways to comply without sacrificing safety.

• Develop resilient compliance strategies that are flexible yet robust, aligning with evolving business and regulatory demands.

Adaptive compliance is particularly valuable in fast-paced industries where agility is necessary to maintain compliance without stifling productivity and innovation.

To foster deep and adaptive compliance, leaders should: 1. Shift from surveillance to support: Move beyond audits and enforcement to coaching and collaboration. Foster open discussions on how compliance adds value, rather than just enforcing adherence.

2. Empower employees as compliance partners: Involve frontline workers in designing compliance solutions that work for them.

Encourage feedback loops to refine policies based on real-world work insights.

3. Adopt best principles: Focus on compliance outcomes rather than strict rule-following. Ensure compliance programs are context-specific and adaptable to change.

By rethinking compliance as a dynamic and value-adding business process, organisations can reduce inefficiencies, improve adherence, and turn compliance into a competitive advantage. Organisations worldwide are recognising the urgent need to rethink how they integrate compliance and innovation, with many exploring progressive approaches like human and organisational performance (HOP).

Encouragingly, more businesses are moving beyond rigid rule-following, embracing adaptive compliance to create systems that are not only more effective, but also better aligned with real-world operations.

Dr Tristan Casey and Kym Bancroft are managing directors of New View Safety, a specialist training and professional development consultancy that help organisations turn contemporary safety ideas into operational practices. Bancroft is a member of OHS Professional magazine’s editorial board.

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DEVELOPMENT

Leading by example: Andrew Sloan’s journey to AIHS fellowship TAFE SA’s deputy director of health, safety and wellbeing shares his path to becoming an AIHS Fellow and his vision for advancing the OHS profession

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he AIHS College of Fellows was established in 2002 and comprises members who are Fellows and Honorary Fellows of the AIHS. As a senior network of the Institute, the College works to support the Institute’s vision, values, and strategy.

Membership of the College recognises OHS professionals who are making a substantial ongoing contribution to and have a record of achievement in the field.

With this in mind, the AIHS encourages members to aspire to be Fellows. By highlighting volunteering opportunities and participation in the various activities of the College, they can gain greater peer recognition, personal satisfaction, and impact. OHS Professional spoke with Andrew Sloan, deputy director of health, safety and wellbeing for TAFE SA, who stepped up to become an AIHS Fellow out of a deeper commitment to advancing the OHS profession.

of other safety professionals. I was also fortunate to sit on a previous SA branch AIHS Committee with Fellows who later became my referees (thank you Kym Bills and Craig Schopp). At our current SA branch AIHS meetings, I am fortunate that Dino Pisaniello (Chair of the College of Fellows) also sits on the Committee and provides updates on College of Fellows activities. That inspired me to find out more about becoming a Fellow and apply.

What were some of the important steps and activities you undertook along the way?

My WHS journey has not been much different from others. I started by fumbling my way around the myriad of WHS information that was available and soon found out there were some really good safety leaders and colleagues that I could learn from. I commenced my growth in the WHS field by commencing a Certificate IV in OHS from TAFE SA in 2010 and worked my way through a Diploma of Why did you take the step up from AIHS member to Fellow?

OHS, Advanced Diploma of OHS, and then a Graduate Diploma I currently have more than 20 years of experience in senior safety in Occupational Hazard Management at Federation University in management roles across utilities, construction, maintenance, maBallarat, finishing my studies in 2016. rine, transport, automotive, design, manufacturing, government, and Along the way to becoming a Fellow, I pursued several paths, electronics. My step up from AIHS member to Fellow is a reflection including AIHS professional certification, the AIHS mentoring proof my aim to give knowledge and experience back to AIHS and the gram, WHS studies, and other opportunities to get involved in AIHS WHS field in a small way, by helping others to fast track their caofferings. reers and lift the overall value of the WHS profession.

AIHS professional certification has provided me with a structured I started my career in the quality assurance field, which focused path for career development. Recognition by the AIHS in achievon continuous improvement – not only for the business systems, but ing professional certification as a Certified OHS also myself. As a quality assurance lead, I had Professional was a milestone for me personally an ambitious aim to work myself out of a job by and set me on the path to take the next step to building robust systems and governance arrange“A mix of the right become a Fellow. Professional certification has ments while supporting senior leadership and WHS lag and provided me with added confidence as a WHS the capabilities of staff. This focus allowed me to professional in my fields of endeavour. stretch out to other areas in the business pursuing lead indicators is My involvement in the AIHS mentoring prothe same aim, including WHS. imperative to assess gram has been another step in my journey to In 2015, I re-joined the AIHS to network with becoming a Fellow. The AIHS mentoring prolikeminded professionals and develop my career, the effectiveness of a gram, when combined with the AIHS professional and tap into the enormous amount of information safety management certification program, is an amazing professional on offer – including the professional certificaroadmap and support mechanism for safety praction program and mentoring program. I am an system and add value titioners to navigate and fast track their careers in active AIHS member and enjoy being part of the to an organisation” WHS. I have had the opportunity to participate in SA branch AIHS Committee as the membership several mentoring cohorts over the years. I have officer, as well as sitting on the national AIHS been partnered with some exceptional thinkers Mentoring Committee. I hold the professional and safety practitioners from across Australia from multiple induscertification of Certified OHS Professional and have recently been tries, some of whom I still keep in contact with today. recognised and accepted into the AIHS College of Fellows in 2024.

My WHS studies have also been an important step to becoming Stepping up from an AIHS member to a Fellow was not somea Fellow. Through my studies, I have met some amazing people thing that was on my agenda initially, but as I progressed through from across Australia with different jurisdictional thinking and apmy career, it just made sense to keep striving forward, building on proaches to WHS. My studies have taken me from night classes each my knowledge, and pushing myself professionally in the company 16

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AIHS Fellow Andrew Sloan is passionate about providing the highest protection for workers through his work, experience, and knowledge while building a resilient and robust safety culture Tuesday night at TAFE SA to on-campus accommodation and study at Federation University in Ballarat. The three weeks on-campus accommodation in Ballarat was great in January, but in July tested everyone’s warm clothing and resilience!

Another step to becoming a Fellow was making time to attend as many AIHS events that I could, both in SA and nationally. The benefit of attending AIHS events included keeping abreast of new WHS ideas and concepts and the valuable networking opportunities they present. AIHS events are always a great source to learn from others and share ideas.

If anyone is thinking of becoming a Fellow, then download the application and, if there are skills that you may want to develop, use the mentoring program to discuss them with other AIHS members.

MARCH 2025

What are some key trends that are important for the profession to keep up with?

South Australian legislation has changed significantly in the past two years, with the introduction of the psychosocial hazard inclusion in the WHS Regulations (SA), Industrial Manslaughter inclusion in WHS Act (SA) 2012, and WHS (Review recommendations) Amendment Bill 2024. In SA, we have also seen the introduction of the Automated External Defibrillators (Public Access) Bill 2022 and the changes to welding fume exposure levels. It is an exciting time to be in the WHS field.

Being a member of the AIHS is important to keep in front of legislative changes and receive regular updates on WHS legislation changes, both nationally and within South Australia. The AIHS events that are held are valuable and always beneficial as they are facilitated by experts in their field.

The key trend for me now is the psychosocial changes to the SA WHS legislation. SA followed other jurisdictions in making the 17

changes come into effect in December 2023. Currently, there is a What advice would you offer AIHS members and OHS myriad of information available from several sources inside and professionals to advance and develop their careers? outside of the WHS field. In preparing for the changes to the legThe advice I would offer others wanting to get ahead in their career islation, I was fortunate to complete a Diploma in HR to formalise development is to never stop learning. Look for opportunities to exmy learnings over the years. This provided me with a hybrid appand your networking circles and learn from others. Also, don’t wait proach to assessing and controlling psychosocial for change. Instead, be the change agent where hazards in the workplace. This change to the SA you can influence the narrative and outcome.

WHS legislation is one I fully support, as it is a I had a Federation University lecturer that used “The AIHS mentoring proactive safety approach to eliminate or minia unique way to match students with likeminded mise the potential of harm for workers. individuals as assignment partners. The lecturer program, when Another trend that is always on my radar is lined us up and made us put ourselves in a line combined with the effective WHS lead and lag indicators. One of my with those that were keen on a ‘pass mark’ on the favourite WHS speakers is Todd Conklin, who right, all the way to those on the left that were AIHS professional stated that “safety is not the absence of accidents; keen on a ‘high distinction mark’. The lecturer certification it’s the presence of defences”. Identifying, collectthen told us to look around us and form assignprogram, is an ing, and reporting WHS lead indicators focuses on ment partners. Our WHS careers can be similar the WHS defences organisations have, which they at times; it is important to do a check-in and find amazing professional can then monitor to implement actions to improve out where you are in the line and align yourself roadmap and support them. A mix of the right WHS lag and lead indiwith likeminded professionals. cators is imperative to assess the effectiveness of The AIHS offers so much to help develop your mechanism for safety a safety management system and add value to an career – from attending AHIS events and training practitioners to organisation. to the professional certification program and the There are many more trends that exist in the exnavigate and fast track mentoring program, where you can participate as citing field of WHS, including an ongoing focus on a mentor or mentee with other AIHS members. their careers in WHS” complacency within the workplace, including when The AIHS professional certification program organisations and leaders feel comfortable with the can help your career as it sets the roadmap for performance of the safety management system and a WHS practitioner or professional and verifies risks. An ongoing challenge for myself and others is to monitor the your qualifications, skills, and experience against standards set by right indicators, measure continuous improvement, and keep abreast AIHS. Being a certified practitioner or professional instils trust and of industry and legislative changes. My journey continues. confidence in the minds of stakeholders, as it verifies that those who 18

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bit better every day, the milestone of becoming a Fellow was personare certified meet a certain criterion. The certification process is ally and professionally rewarding. simple and is an acknowledgement by peers, which has personally A previous leader at my organisation challenged us to choose a given me the confidence that I am on the right professional path. word that would best represent and reflect each team member to Professional certification is a continuous improvement path for AIHS be their motto for the next calendar year. My word was ‘forward’, members to get ahead in their career development. as I wanted to focus on continuous improvement of myself and the I am a current member of the AIHS National Mentoring safety management system that year to add value Committee and regularly participate in mentorto the organisation. With a focus on ‘forward’, ing cohorts as a mentor. I have been matched I allowed myself to be flexible in planning to with some amazing individuals from across the “Being a certified assess and deviate if needed, and be prepared nation that I normally would not have crossed practitioner or for any hurdles and obstacles that came my way. paths with. The mentoring program is a program professional instils Regardless of any potential setback, my focus offered exclusively to AIHS members, regardless was, and continues to be, forward. of their skill level or years in the industry, to fast trust and confidence Being a Fellow benefits me by introducing track their learnings and career. Aligning with the in the minds of me to a wide range of the College of Fellows processional certification program and the menactivities, including the Standards Committee, toring program can help AIHS members focus on stakeholders, as it Research Committee, Mentor Committee, the areas that they would like to improve or confirm verifies that those who OHS Body of Knowledge, Ethics and Professional their current approach.

Conduct Committee, and other international comFellowship is a status open to current members are certified meet a mittees. When I read the names of other Fellows, of the Institute and is assessed biannually based certain criterion” I am humbled to be in the College of Fellows with on formal applications and referee reports. such highly regarded and esteemed colleagues.

I am passionate about providing the highest How has becoming a FAIHS benefited you, protection for workers through my work, experience, and knowlpersonally and professionally? edge while building a resilient and robust safety culture to help meet Becoming a Fellow was a proud and humbling milestone in besafety legislation requirements. Becoming a Fellow has given me ing recognised by my peers and accepted into the AIHS College of self-confidence that I am on the right path in my career, knowing I Fellows. It was also a time for me to reflect on those amazing people am part of a bigger network of WHS professionals and that others that have been part of my personal journey through study, experican rely on my advice from a professional perspective. ences, work, and networking. With a focus on trying to be that little

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COVER STORY

When Rachael Robertson became Australia’s youngest and second female Antarctic mission leader, she discovered that creating a culture of safety and respect in extreme conditions requires more than just following rules

Antarctic leadership: Lessons from the edge

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n July 2004, Rachael Robertson embarked on a journey that wanted the exact same qualities in her own staff. At the time, she would test every aspect of her leadership capabilities. As was also working in a remote area as a district chief ranger, so her the leader of the 58th annual expedition to Davis Station, plan was to get to the interview stage and find out what questions Antarctica, she faced the challenge of managing a $30 milthey were asking, and copy them and bring the back to her team. lion research program while ensuring the safety and welfare of “What I know now that I didn’t know then was they actually don’t her team in one of Earth’s most hostile environments. have an interview for the role of station leader,” she said.

The scope of Robertson’s role extended far beyond standard “They have a weeklong bootcamp in the Central Highlands of leadership duties. She managed operations that included overTasmania. The bootcamp, which is really a selection centre, is tough. seeing air transport within a 2000-kilometre radius, coordinating We were put through our paces on everything from managing safety, a facility maintenance program, and representing Australia in performance management, and policy to leadership, public speakinternational relations with Chinese, Russian, and Indian expeing, prioritising actions, even a simulated search and rescue. I made ditions. The mission demanded precision in it through and was offered the job. From there, I every aspect, from delivering 22 science projects decided that I’d rather regret what I did than regret “I very explicitly involving 33 scientists from five countries to what I didn’t do, so I said yes!” maintaining essential infrastructure in temtold the team peratures that reached -35°C. Throughout the Building a foundation of safety I expected every expedition, Robertson also served as a public leadership person to demonstrate face for the mission, conducting over 60 media Robertson’s approach to safety leadership at Davis interviews and sharing the team’s experiences Station centred on creating a culture that moved leadership. If they with the wider world. beyond mere compliance. “I wanted to create a saw something that “I arrived in Antarctica quite by accident,” culture of safety leadership – not simply safety Robertson recalled. “I saw the job of station compliance. So, I very explicitly told the team I needed to be done, leader advertised one day as I was flicking expected every person to demonstrate leadership. then do something through a newspaper. Initially it was the picIf they saw something that needed to be done, ture of a penguin that caught my eye, because then do something about it,” she explained. about it” that was a bit random for the careers section.

The station’s diverse team composition became So, I read the ad and what intrigued me was an unexpected advantage in maintaining safety the fact the Australian Antarctic Division recruited for personal standards. “Because we were such an incredibly diverse team (age, qualities including resilience, integrity, and empathy. Of course, generation, gender, religion, profession, sexuality, culture), we were you needed solid technical skills and experience as well, but it never going to all be best mates and from a safety perspective that was clear that these personal qualities were weighted just as was important,” Robertson said. “It meant we don’t keep each other heavily as the technical skills. I had never seen that before and safe because we’re mates. We keep each other safe because it’s the was fascinated about how they could do that.” moral and decent thing to do and we’re in this together.”

Robertson thought this was a “fantastic idea” and said she This foundation of respect enabled the team to address safety

MARCH 2025

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TECHNOLOGY concerns proactively, regardless of interpersonal dynamics. distance, and the need to complete data or sample collection Robertson instituted a practice of speaking up about minor in a short timeframe all create pressure and huge demand on issues before they escalated into major problems. This approach our planes and helicopters.” The pressure intensified with the proved crucial given the station’s isolation and limited resources simultaneous execution of the capital works program and the for managing serious incidents. “One of my biggest safety concritical powerhouse shutdown maintenance, which required cerns was someone exploding with anger or spiralling into deprecise coordination among the station’s trade specialists. The pression, as we had no real way of dealing with either situation combination of managing scientific research deadlines while because we can’t come home,” Robertson exmaintaining essential infrastructure created plained. The team’s ability to address concerns a complex web of operational demands that immediately and directly became a cornerstone required constant attention to safety protocols.

“We don’t keep each of their safety culture, ensuring that potential Winter brought different challenges as the risks were identified and managed before they station transitioned to a skeleton crew. “In other safe because could develop into significant threats. winter, things quieten right down and keeping we’re mates.

This foundation of respect also proved up morale is the challenge,” Robertson noted. particularly effective in maintaining safety Her team developed unique approaches to We keep each other protocols. Team members felt empowered maintaining safety consciousness, including safe because it’s the to remind colleagues about personal protecmonthly celebrations of safety achievements tive equipment (PPE) requirements and raise rather than tracking consecutive days without moral and decent safety concerns without fear of creating interincidents. thing to do and we’re personal conflict. The focus on respect over “We didn’t celebrate a string of consecutive in this together” friendship created an environment where safedays without an injury, such as 120 days withty leadership emerged naturally from all team out an injury, because I was concerned about members, regardless of their role or position. what would happen on Day 121. Would someone hide an incident to not stop the unbroken Managing operational challenges across seasons run? Instead, we celebrated each month without an incident The operational challenges at Davis Station varied significantor injury, so we got through June without an injury, then July ly between summer and winter periods. During summer, the and so on, and kept track on the whiteboard in the Mess.” This station bustled with activity as teams coordinated complex air strategy prevented the potential hiding of incidents that might operations and scientific missions. “The key operational chalbreak a continuous safety record while fostering a sense of lenge is purely the logistics of dispatching teams of scientists ongoing achievement. “It builds momentum and reminds us out into the continent,” Robertson explained. “The planning that we are still achieving things, still kicking goals,” Robertson of air operations is complex as pilot flying hours, weather, reflected.

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Mental health and team dynamics

under pressure. They were resilient and high-performing, and it all came down to a culture of respect,” Robertson reflected.

The isolation of Antarctic life, particularly during winter months when evacuation was impossible, placed mental health at the forefront of safety concerns. “Depression is also Creating a culture of direct communication a challenge so we regularly check-in on each other. We’re Robertson implemented a ‘no triangles’ policy that transformed away from home for over a year so it’s important we look out team dynamics and safety communication. “no triangles simply for each other,” Robertson shared. The extreme environment, means ‘I don’t speak to you about her, or you don’t speak to combined with months of darkness and temme about him’,” she explained. “If someone peratures around -35˚C, created unique preshas done something to upset you at work, you “One of my biggest sures on the team’s mental resilience. In these go direct to the source; you don’t take it to a conditions, even minor issues could escalate third party.” The policy proved essential in the safety concerns into significant problems that threatened both confined environment of the station, where was someone individual wellbeing and team dynamics. interpersonal tensions could quickly escalate Her leadership philosophy centred on buildinto safety risks. exploding with anger ing respect rather than pursuing artificial harThis approach proved particularly valuable or spiralling into mony. “Harmony is the outcome we get when in addressing safety concerns. “It’s amazing people feel like they are being respected and depression, as we had how a simple rule about direct conversations their contribution is respected,” she explained. can change the culture of a team,” Robertson no real way of dealing This foundation enabled the team to address reflected. “When you’re working in a tough with either situation issues directly and maintain open communienvironment, particularly away from home, you cation channels, essential for both safety and have enough to deal with and the interpersonbecause we can’t mental wellbeing. The approach proved its al pressure is great enough, without having to come home” worth when tensions arose over seemingly think about one of your teammates whingeing minor issues. about you to someone else.” The policy re“Every little thing can become an issue moved the confrontational nature of difficult in this pressure-cooker environment,” Robertson noted. “In conversations, including those about unsafe behaviour, by makfact, a $30 million science program was nearly stopped over ing direct communication the norm rather than the exception. whether the bacon should be soft or crispy!” Despite such The success of Robertson’s expedition demonstrated that challenges, the team maintained its effectiveness through effective safety leadership in extreme environments requires their commitment to mutual respect and direct communicamore than robust procedures and policies. It demands a culture tion. “We had everything from a plane crash to a bacon war, built on respect, direct communication, and shared responsiyet through it all, my expedition team worked incredibly well bility. “We also had a culture of speaking up about the smallest

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TECHNOLOGY things,” Robertson noted. This practice became “In summer, the biggest safety concern is facrucial in an environment where small issues tigue management. We have a short space of time “We didn’t all see eyecould escalate into significant problems, parto deliver a complex program, so managing rest to-eye and we didn’t ticularly given the station’s isolation and limitbreaks, alcohol use, and ensuring enough sleep ed resources. Her experience at Davis Station (in a place with 24 hours of daylight) is critical,” all agree with each proved that when these elements align, teams can she said. other, but we found maintain high safety standards even in Earth’s “Winter is very different. Things quieten down most challenging environments. The expedition and a lot of the infrastructure maintenance work a way to raise issues successfully delivered its scientific program on is carried out. It’s slow, it’s repetitive, it’s dark for and have difficult time and on budget while maintaining safety 24 hours a day, and we start to get on each othconversations because standards, demonstrating the effectiveness of er’s nerves. The role of the leader then becomes Robertson’s leadership approach, which priorimore focused on building resilience and keeping we had a strong tised respectful, direct communication over artifithe team focused and motivated. It was important foundation of respect cial harmony. during this time to celebrate the short-term wins “The role of the station leader is quite different to keep the momentum going.” for each and every in summer and winter,” Robertson explained.

An additional complexity is that “the eyes of the person.”

“In summer, it is a complex logistical operation, world are on us – quite literally. Under the terms delivering a team of scientists into the vast conof the Antarctic Treaty, we must report any signiftinent. The station leader manages the air opericant incidents to the treaty partners (the other 58 ations (helicopter and fixed wing) and has oversight of the science nations signed up to the treaty). We also report on waste manageprogram.” ment and water use. Australia has the largest territorial claim on the At the same time, there is a program of capital works to be decontinent, so we are the biggest stakeholder. We are always incredilivered, as this can only happen in summer when it is safe to do so. bly mindful and aware that we represent our country at all times, so There is also the station resupply, when 500 litres of fuel is pumped we need to bring our best game,” said Robertson. from a ship to the shore. Robertson said this presents a very specific environmental risk, and the impact of something going wrong Advice for WHS professionals in high risk-environments would be “catastrophic” for both the area and its wildlife, as well as One of the biggest WHS and leadership lessons for Robertson from Australia’s reputation as a leader in Antarctica. the experience is that “respect trumps harmony”.

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OHS PROFESSIONAL

“We had such a diverse team across age, gender, sexuality, religion, roles, and personalities that it was madness to think we’d all be best mates. So, I took that off the table. I told the team that we didn’t have to be best mates, but we would always treat each other with respect and respect each other’s contributions,” she said.

“I was also concerned about people hiding things, including mental health struggles, because I didn’t feel completely well-equipped to handle the scenario of someone exploding with anger or someone spiralling with depression. I decided the only way to mitigate

the risk was to create an environment where people would speak up and speak out. The only way you can do this is where respect trumps harmony. Harmony is important, but when it’s the prevailing culture, people tend to ‘keep the peace’. They won’t file an incident report or raise issues of poor behaviour because they don’t want to rock the harmony boat.”

An important element in this was equipping the team to have the necessary conversation. “We didn’t use words such as ‘everyone’, ‘no-one’, ‘always’, ‘never’ – the absolutes. Instead, we used facts and data. It’s a natural reaction if someone tells you that you always do something that you will find one example to prove them wrong.

That’s why it gets emotional. Part of our safety leadership culture was to take out the emotion and deal with the facts. It’s much harder to disagree with a fact,” Robertson added.

As WHS professionals, she said it is important to remind people of the importance of reporting and speaking up, but unless the culture supports this, then many things may get hidden. In high-risk environments such as mining, utilities, manufacturing, and even ports, for example, a culture of safety leadership (not safety management) is essential. “Every single person needs to take responsibility for safety; they need to lead without a title,” said Robertson.

The local Emperor penguins in Antarctica are a great example of this, because they too are “in this together”, Robertson explained.

“In fact, if they didn’t work as a team, they wouldn’t survive the Antarctic winter and there would be no more Emperor penguins.

They huddle together and take turns on the outside bracing against the cold before moving back into the middle. They protect the tribe, so every individual thrives. That became our mantra.”

Rachael Robertson will be speaking at the AIHS National Health & Safety Conference 2025, which will be held from 2-4 June 2025.

For more information, please visit CLICK HERE TO REGISTER www.aihsnationalconference.com.au.

MARCH 2025

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DIVERSIT Y

Rethinking safety through a neurodivergent lens

Many organisations still struggle to effectively integrate neurodivergent perspectives into their safety protocols and workplace culture, writes John Dony

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ost organisations still struggle with effectively embracing neurodiversity in a meaningful way. While awareness of neurodiversity has increased – particularly in sectors like tech and finance – the actual implementation of inclusive policies, training, and workplace accommodations remains inconsistent. Many companies rely on a compliance-driven, one-size-fits-all approach to EHS/OHS that assumes uniform cognitive processing, learning styles, and hazard perception. This often results in environments where neurodivergent employees are unintentionally excluded from key safety protocols or forced to adapt to systems that do not account for their cognitive strengths and challenges.

Although some leading organisations have established neurodiversity hiring programs and employee resource groups, these initiatives are typically concentrated in corporate or knowledge-work settings. Industries with high safety risks – such as manufacturing, construction, or healthcare – tend to lag behind in recognising how neurodiversity intersects with EHS/OHS. Without deliberate effort, workplaces risk missing out on the unique capabilities of neurodivergent individuals while simultaneously creating barriers to safety and engagement.

Five common neurodiversity challenges

The most common challenges can be grouped into five key areas: 1. Traditional safety training and communication barriers: EHS/OHS protocols are often communicated in text-heavy formats, lengthy safety manuals, or conventional classroom training sessions. These approaches can be inaccessible to employees with dyslexia, ADHD, or autism, who may require alternative modes of instruction such as visual, kinaesthetic, or interactive learning.

2. Sensory and environmental considerations: Many workplaces – especially industrial settings – are high-sensory environments with bright lights, loud noises, and unpredictable changes in routine. Employees with sensory sensitivities (which are common with autism and ADHD) may struggle to function optimally under these conditions, yet most organisations lack strategies for mitigating these challenges.

3. Stigma and misconceptions: Neurodivergent individuals often face stereotypes that they are either too high-maintenance or not suited for high-risk work. Misunderstandings about neurodivergent traits, such as assuming ADHD employees are inattentive or autistic employees lack communication skills, create barriers to inclusion and career progression.

4. Lack of flexibility in work and safety policies: Many organisations still operate under rigid workplace structures that prioritise standardisation over adaptability. Neurodivergent employees often benefit from flexible schedules, alternative task assignments, and personalised safety accommodations, though such adjustments are rarely built into EHS/OHS planning.

5. Failure to leverage neurodivergent strengths in safety roles: 26

John Dony observes that organisations still struggle with effectively embracing neurodiversity in workplace safety protocols and policies Neurodivergent employees can offer tremendous value to workplace safety – whether through pattern recognition, attention to detail, or crisis problem-solving. However, organisations often fail to align roles and responsibilities with these strengths, resulting in underutilised talent.

New neurodiversity research

Our research and field experience suggest that neurodivergence and safety performance are deeply interconnected, yet most safety systems are not designed to accommodate cognitive diversity. The research found that hazard identification and risk perception vary by cognitive profile. For example, employees with autism spectrum disorder often excel at pattern recognition and anomaly detection, making them highly effective in hazard identification, quality control, and incident prevention. In contrast, employees with ADHD may perform exceptionally well in high-pressure, fast-response situations, such as emergency drills or crisis mitigation.

The research also found that one-size-fits-all safety training reduces compliance and retention. Traditional safety training that relies on passive learning (such as lectures and text-heavy manuals) fails to engage neurodivergent employees. Instead, multi-modal approaches (such as interactive simulations, gamified learning, and visual storytelling) lead to higher retention rates and better compliance outcomes.

Furthermore, there are significant gaps in incident reporting and investigation processes. Many organisations have robust incident reporting and investigation processes that are fit for purpose in most cases, but neurodivergent masking and mirroring behaviours, if not considered, can create situations in which organisations drive these individuals to false confessions. Additionally, these processes can OHS PROFESSIONAL

“Creating psychologically safe workplaces where employees feel comfortable disclosing challenges and proposing solutions directly correlates with lower incident rates and higher engagement”

inject bias based on common misconceptions of neurodiverse workers.

Sensory sensitivities also impact PPE and emergency response compliance. Standard personal protective equipment (PPE), such as gloves, goggles, or high-visibility vests, may be physically uncomfortable or overstimulating for neurodivergent employees. This can lead to reduced compliance or workarounds that create new risks.

Similarly, alarm systems that rely solely on loud sounds may be overwhelming or ineffective for employees with sensory processing differences.

The research also found psychological safety is directly linked to physical safety for neurodivergent employees. A culture that discourages open reporting of safety concerns disproportionately affects neurodivergent workers, who may hesitate to raise issues due to past negative experiences with authority figures or fear of being misunderstood. Creating psychologically safe workplaces where employees feel comfortable disclosing challenges and proposing solutions directly correlates with lower incident rates and higher engagement.

Lastly, accommodating neurodiversity benefits everyone. Inclusive safety practices, such as clear signage, universal design in safety communications, and flexible work arrangements, improve understanding and compliance for all employees – not just neurodivergent workers. In other words, designing with neurodiversity in mind results in a safer, more effective workplace for everyone.

Advice for EHS/OHS professionals

For EHS/OHS professionals, practical, high-impact changes can make a significant difference in building a neurodiversity-inclusive safety culture. Here are five key steps: 1. Rethink safety training using universal design principles: Offer multiple learning formats: for example, visual guides, handson practice, interactive simulations, and short-form content. Use simple, jargon-free language, provide clear step-by-step instructions, and use color-coded safety warnings and pictorial hazard signs to reinforce messaging.

2. Implement neurodivergent-friendly workplace adjustments: MARCH 2025

Provide quiet areas, noise-cancelling headphones, and adjustable lighting to accommodate sensory sensitivities. Allow for alternative PPE options (e.g., different textures of gloves or softer safety goggles) and offer flexible work schedules to align with employees’ optimal focus times and reduce burnout.

3. Encourage neurodivergent participation in safety committees and risk assessments: Actively seek input from neurodivergent employees on hazard perception, risk assessment, and emergency preparedness. Designate neurodivergent champions or advisors in EHS teams to inform safety policy updates.

4. Foster a culture of open communication and psychological safety: Train managers and EHS professionals on neurodiversity awareness, unconscious bias, and effective communication strategies. Ensure employees can report safety concerns through multiple channels (e.g, digital forms, one-on-one meetings, or anonymous submissions), and emphasise a no-blame culture where employees are encouraged – not penalised – for flagging potential risks.

5. Pilot neurodiversity-informed safety initiatives and scale what works: Start with a small-scale pilot. Revise safety training in one department, adjust PPE options, or create a neurodivergent-friendly emergency drill. Also, collect feedback and refine the approach before expanding across the organisation, and partner with external experts (such as neurodiversity consultants or occupational therapists) to develop industry-specific best practices.

Neurodiversity is not a problem to be accommodated – it is an opportunity to be leveraged. By rethinking EHS/OHS through the lens of cognitive diversity, organisations can enhance safety, reduce risks, and unlock untapped potential in their workforce. Safety culture must evolve to reflect the realities of a diverse workforce, and embracing neurodiversity is essential to building resilient, high-performing organisations in the modern world.

John Dony is CEO & co-founder of What Works Institute, a researchto-practice think tank and learning consultancy focused on environmental, health, safety, and sustainability.

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REGUL ATION

When sexual harassment becomes an OHS issue Despite increasing recognition, sexual harassment remains widespread and WHS regulators are urging organisations to take meaningful preventative action

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he Australian Human Rights Commission in 2022 found so far as reasonably practicable, such as adjusting the way work is that sexual harassment continues to be an unacceptably designed, the work environment, or workplace culture,” she said. common feature of Australian workplaces, with one in A 2024 survey led by SafeWork NSW of more than 2000 Australian three workers experiencing workplace sexual harassment workers found that participants who had said they had experienced incidents in the past five years. Half of these are repeated and of sexual harassment said they would have liked their organisation to those, half are ongoing for more than one year. Concerningly, the acknowledge the conduct had occurred, an apology from the emCommission found that only 18 per cent of sexual harassment ployer, development or revision of policies to improve reporting incidents are reported and only a third of Australian workers think processes, and more specific training or educational programs, said their organisation is doing enough.

Hey-Nguyen. “Part of our education approach as a regulator is to This reflects the widespread and pervasive drive awareness that addressing the WHS risks of nature of this WHS hazard, according to Christina sexual harassment needs to be a fundamental part Hey-Nguyen, director of regulatory capability of how work is planned and designed.”

“Over the past few and engagement for SafeWork NSW – the first years, we have seen WHS regulator in Australia to establish a Respect Sexual harassment and psychosocial at Work Taskforce, a dedicated team focused on hazards a steady increase in addressing sexual harassment risks to workers’ WorkSafe WA Commissioner, Sally North, requests for advice health and safety. The WHS framework provides has observed an improved understanding and and education from a robust, prevention-led approach for addressing awareness in many organisations in relation to this complex harm, according to Hey-Nguyen, psychosocial issues such as sexual harassment. businesses on this who explained that preventing workplace sexual “Inspectors are finding that it is becoming comissue, from leaders harassment is one of five regulatory priorities for mon practice for organisations to have impleSafeWork NSW in 2025, in response to the high mented standalone sexual harassment policies to WHS and HR rates of sexual harassment faced by Australian and procedures, training, and a range of reprofessionals” workers. porting options including anonymous reporting “Over the past few years, we have seen a steady options. However, there is still a lot of variation increase in requests for advice and education from between different organisations’ capacity, with businesses on this issue, from leaders to WHS and HR professionals. smaller organisations on average less aware of their duties or how We are also seeing an increase in workers reporting sexual harassto comply,” she said. “Sexual harassment is still prevalent.” ment, which is a positive thing as we know that sexual harassment is Psychosocial incidents such as sexual harassment are frequently often underreported. This may reflect that workplaces are bringing being investigated through a HR lens, rather than through a broader greater attention to this issue and workers feel more confident in work health and safety lens, North observed. “This can lead to the reporting,” she said. focus becoming more about substantiating the claims and determinOn the flip side, Hey-Nguyen said many businesses are not fully ing disciplinary actions rather than providing for continuous learnaware that their WHS obligations mean that, like any other WHS ing and improvement around psychosocial risk controls. It is preferahazard, workplaces should identify, manage, and regularly review ble to look at both aspects,” she said. controls to address WHS risks of sexual harassment in consultation “Some organisations’ systems for reporting psychosocial hazards with their workers. “Businesses should not wait to take action when are complex and challenging for people to navigate, which is unlikethey receive a report about sexual harassment; they should take a ly to assist workers who may have suffered a psychological injury. proactive, preventable approach and address the workplace factors Difficult or unsuitable processes may make the situation worse and that could be creating a risk of sexual harassment to their workers will put others off reporting, meaning the organisation may have 28

OHS PROFESSIONAL

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unmanaged or poorly understood risks.”

Another challenge is that leaders who are tasked with the responsibility of responding to workplace psychosocial incidents such as sexual harassment may not have been provided with adequate training to understand good practices. North noted that a 2024 survey by Our Watch found 40 per cent of workplace leaders were not aware of their obligations.

Taking a lead on risk management of sexual harassment

leadership team agree, maybe via a policy statement, that the organisation does not tolerate this issue, will take action to ensure the organisation meets this criterion (i.e. complies with the legislation), and will investigate intolerable behaviour. The investigation of intolerable behaviour will highlight which additional controls are needed to achieve the desired performance level,” he said.

“While this is easy to say, there are some cultural issues to investigate when making a change to the way the organisation operates, so implementing these programs can get complicated quickly.”

OHS professionals are experts in the risk-based approach to managing the impact of a variety of hazards which can cause harm to Identifying drivers of sexual harassment workers, according to Marcus Cattani, associate professor in OHS There are often complex and multiple drivers and causes of workat Edith Cowan University (ECU) and deputy director of the ECU place sexual harassment, according to Hey-Nguyen, who said a Mental Awareness, Respect and Safety (MARS) multifaceted and whole-of-community effort is Centre, a multidisciplinary industry collaboration required in response. “Workplaces play a pivotwith the mining sector. “Our ability to objectiveal role in the prevention of sexual harassment.

“Inspectors are finding ly and consistently anticipate, assess, evaluate, They can shape the work environment and praccontrol, and monitor risk is an effective and adtices, and influence broader norms, structures, that it is becoming aptable systems approach. In effect, we use the and relationships to drive a culture of safety and common practice risk-based approach to highlight which issues we respect,” she said. need to focus on and, when prompted, we invite Responding to this challenge often requires an for organisations to subject matter experts to help with interventions understanding of what workplace sexual harasshave implemented which manage the risk to a tolerable level,” ment looks like, its causes, and how to prevent, Cattani explained. intervene early, and respond to it. Hey-Nguyen standalone sexual “We know that sexual harassment has the said this may include providing training to workharassment policies potential to cause harm. As with many issues in ers and senior leaders in the business on how to and procedures” organisations, one of the first actions is for the model respectful behaviours, call out harmful leadership team to set the standard in their organbehaviours, and respond to reports of sexual isation by defining the toleration of risk (i.e. we harassment. will not tolerate sexual harassment). This proac“While it can affect any worker regardless of tive approach should then trigger processes to achieve tolerable risk, their gender or role, a key driver of workplace sexual harassment is and we monitor performance to detect whether we have met the gender inequality. Research and evidence have shown that harmful desired level of tolerated risk.” gender stereotypes, norms, and attitudes that play out in workplaces The toleration of risk is the level of risk which triggers change, can contribute to sexual harassment. For example, in customer or according to Cattani, who explained that, in risk management client-facing sectors such as retail, hospitality, and healthcare, there terms, the toleration of risk is a risk criterion (i.e. a threshold). “The is often still the notion that the ‘customer is always right’ and dealing MARCH 2025

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Sally North, WorkSafe WA Commissioner, said some organisations’ systems for reporting psychosocial hazards are complex and challenging for people to navigate Christina Hey-Nguyen, SafeWork NSW director of regulatory capability and engagement, said businesses should not wait to take action when they receive a report about sexual harassment

Enough is Enough: sexual harassment against women in the FIFO mining industry Sexual harassment should primarily be considered a WHS issue and not simply a HR matter, according to the landmark 2022 WA parliamentary report into sexual harassment against women in the FIFO mining industry. The report, ‘Enough is Enough: sexual harassment against women in the FIFO mining industry’, found companies historically have dealt with sexual harassment as a HR issue, and that neither the mining regulator nor mining companies have paid due attention to what sexual harassment in the workplace primarily is: “a serious health and safety issue”.

“Appropriately trained and resourced human relations staff are of course essential and will form one part of a broader response to incidents of sexual harassment,” the report said. “And while it might occur on a spectrum of risk, all harassment has the potential to cause serious injury and must be treated accordingly. Industry and regulatory practices accustomed to dealing with physical danger and injury must now adapt to accommodate the characteristics of psychosocial harm.”

Women account for 18.9 per cent of the mining sector’s workforce – the highest level in history – while in 2020, the Productivity Commission estimated that FIFO workers represented 63 per cent of the WA mining workforce, which is significantly higher than in other states. However, the report found women accounted for 74 per cent of mining workers who reported sexual harassment at work.

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with unwanted sexual comments, jokes, or touching is just part of the job,” she said.

“It can also be challenging to discuss this topic in workplaces where power imbalances exist, particularly in highly hierarchical environments such as legal, police, defence, and medical professions.

Also, reporting may be challenging, especially for young workers and those in casual work arrangements. There is growing awareness of the kind of unwanted behaviours that lead to sexual harassment and recognition that workplace sexual harassment is a WHS hazard.”

Understanding work relationships

One of the complexities in this involves the way we interact with each other, in particular the way that supervisors and managers interact with their team members, according to Cattani. The complexity arises in the difference in authority between roles, and he explained that a supervisor generally has a role to provide guidance, motivation, and feedback – or, to put it another way, they have authority to hire and fire their team members. “This authority is needed in an organisation to get work done, develop the organisational culture, and create a motivated and productive team,” he said.

“The way supervisors and team members get work done is through a partnership, and the foundation of the partnership is trust.

Unless there is some trust between roles, the relationship may be challenging. Trust in this case means that there is a belief that the relationship is mutually beneficial. Generally, if we have no information about a person we are going to work with, we may start a relationship with a belief that we can trust them (i.e. we know our personal toleration of behaviours). As the relationship starts and we gain experience, we perceive the new relationship relative to our toleration of behaviours. We instinctively build up a profile of the person, based on our perception relative to our toleration.”

Individuals’ tolerance is highly variable and may comprise hundreds of individual risk factors, based on beliefs, values, attitudes, skills, and experience, Cattani said. “For example, if you think of all the reasons you love or hate someone, these are the individual risk factors. This means that the way individuals perceive the same person varies,” he said.

How relationships at work develop is of interest, because this is a dynamic relationship, Cattani said. “Each interaction between people OHS PROFESSIONAL

Advice for WHS professionals

Marcus Cattani, associate professor in OHS at Edith Cowan University, said leadership teams need to set the standard in their organisation by defining the toleration of risk contributes to the relationship. If the supervisor provides positive feedback (i.e. the behaviour of the team member is tolerated), the team member will continue. If the supervisor provides negative feedback (i.e. the behaviour is not tolerated), the team member will change. The complexity comes in the communication of this message. The effectiveness of the communication of the message is based on the relationship to this point. A new relationship at work is likely to start quite formally, and then will evolve depending on how the individuals perceive each other relative to their toleration.

Sometimes it will remain formal, and sometimes it can develop to be less formal.”

There is much research into communication skills and motivation of employees, and Cattani observed that the concept of ‘incivility’ is interesting here. Incivility is another word for ‘rudeness’. “How uncivil we are to each other is a topic of research, but interestingly, we may start a relationship being quite civil (i.e. no rude words, no physical contact, no rude gestures, and so on). However, after a couple of meetings, some incivility maybe introduced – maybe a swear word or a touch on the shoulder,” he said.

The partners and other stakeholders in the relationship need to be aware of how the parties are being perceived as, unless there is feedback something is done to indicate that this incivility is not tolerated, Cattani said the incivility may accumulate. “If a supervisor puts an arm around a new employee and the new employee looks uncomfortable, then the supervisor needs to perceive this is intolerable behaviour. Importantly, if a bystander notices that the new employee looks uncomfortable, then action should also be taken to ensure the supervisor is aware of how they are being perceived,” said Cattani, who affirmed organisations must establish a series of tolerated and intolerable behaviours for all employees and ensure everyone understands what is tolerated and what is not. Organisations must communicate and monitor these behaviours, usually via training and information sessions.

“While I hear complaints from some people that this type of legislation and guidance is not needed, in my view, it certainly is. Society has been informed about intolerable behaviours in the workplace via enquiries such as the ‘Enough is Enough’ report, and the legislation shows that we no longer should tolerate this poor behaviour,” he said.

MARCH 2025

Hey-Nguyen said there has always been an obligation under NSW WHS laws for businesses to manage the WHS risks of sexual harassment. This includes due diligence obligations for professionals within an organisation. Sexual harassment at work has been called out in Codes of Practice on Managing Psychosocial Hazards and Sexual and Gender-Based Harassment as one of the most common psychosocial hazards.

“A workplace should have systems in place to enable safe and supported options to report sexual harassment and respond to reports in a confidential and timely manner,” she affirmed. “WHS professionals and their knowledge of WHS approaches and frameworks can play a pivotal role in assisting businesses to manage this WHS risk.

Workplaces should seek legal advice on their legal obligations. We encourage WHS professionals to increase their dialogue with their HR, legal, and risk colleagues and work together to ensure proactive approaches are in place to prevent workplace sexual harassment.”

SafeWork NSW can also take a range of enforcement actions for serious breaches of WHS laws including workplace inspections, improvement notices, and prosecution. In 2024, SafeWork NSW had its first prosecution under current NSW WHS laws for sexual harassment. A residential care provider was convicted and fined $300,000 for breaching its WHS obligations by exposing workers to a risk of violence, including inappropriate sexual behaviours.

Policies and processes responding to workplace sexual harassment should be timely, person-centered, and trauma-informed, and Hey-Nguyen recommended multidisciplinary teams work together to ensure sexual harassment is addressed not only as an individual matter, but as a WHS issue that requires systemic, organisational-wide responses.

North echoed Hey-Nguyen’s comments and also said the primary duty of care under WHS laws has always included risks to both physical and psychological health. “Including specific regulations on psychosocial hazards improves the clarity of the duty,” she said. “I would encourage WHS professionals and leaders in organisations to have a look at the Code of Practice – Psychosocial Hazards to become familiar with taking a risk management approach to this issue.

It is important that WHS professionals consider psychosocial risks as well as other work health and safety risks as part of their work, and for more complex issues that they recommend the organisation seek specialist advice.”

Further resources SafeWork NSW has developed a range of resources and tools to help businesses meet their WHS obligations to address sexual harassment, including a regulation map, three 15-minute webinar series and fact sheets.

“We encourage businesses to access them. The Code of Practice on Sexual and Gender-Based Harassment was also introduced last year – a comprehensive guide on how businesses can manage this WHS risk and consult with workers to prevent workplace sexual harassment,” said Christina Hey-Nguyen, director of regulatory capability and engagement for SafeWork NSW. SafeWork NSW encourages workers to report WHS issues to their workplace. If a worker is unable to do so, workers can also report to SafeWork NSW by calling 13 10 50 or completing this Psychosocial Hazards Request for Service Form. SafeWork NSW has also developed a Reporting Options Guide which provides information on other government reporting pathways.

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RISK MANAGEMENT

Lessons from the Florida International University Bridge collapse Despite clear warning signs, work on the Florida International University pedestrian bridge continued, leading to catastrophic failure. Sean Brady explains how organisational pressures compromised safety and what businesses can learn to prevent similar disasters

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n the early afternoon of 15 March 2018, a partially constructed pedestrian bridge at Florida International University collapsed. It fell 5.6 metres to the freeway below and crushed eight vehicles.

Five vehicle occupants died, along with one worker who was on the bridge at the time of the incident.

This article explores why work continued on the bridge’s construction, despite significant warning signs of impending failure. While we may want to believe that professionals rationally evaluate warning signs and act accordingly, this failure highlights how decision making can be compromised, with potentially catastrophic consequences.

The bridge

If completed, the structure would have resembled a cable-stayed bridge, with a pylon, deck, canopy, and a single line of truss members running down the centre line of the bridge. The bridge’s main span was in place at the time of the collapse.

The National Transportation Safety Board’s (NTSB) investigation into the failure concluded that errors were made in the bridge’s design. The joint that failed was not strong enough for the loads it needed to resist.

But what is extraordinary about this failure is that there were ample warning signs that something was wrong with the bridge.

The first time it had to support its own weight, the Member 11 to Member 12 deck joint – along with many others – cracked extensively. These cracks grew in size, right up to the day of the failure.

History of the cracking

The main span of the bridge was cast in a yard near the site, then moved into position over the freeway. During casting, when the

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formwork was in place and concrete was being poured, the structure was temporarily supported. On 24 February, the formwork was removed and the bridge had to support its own weight.

When the formwork was removed, workers heard loud and distinctive cracking sounds. They inspected the structure and discovered cracks around the Member 11 Sean Brady says an unwillingness to Member 12 deck joint – the to stop work is a common observation same joint that blew out on in major construction incidents the day of the failure.

On 28 February, the cracks were photographed by Bolton, Perez and Associates Consulting Engineers, a firm engaged by Florida International University (the client) to ensure that the project was progressing according to plan – a role known as the construction engineering and inspection contractor (CEI). Cracks in concrete structures are common and, if narrow, don’t usually cause concern.

In this case, they needed to be less than 0.4 mm wide – the average thickness of a human nail. But these cracks were considerably wider than that. Bolton, Perez and Associates were concerned.

They passed the photographs on to MCM, the structure’s design and build contractor, who in turn passed them onto FIGG, the bridge’s designers. FIGG employed the Engineer of Record (EOR), the individual ultimately responsible for the bridge’s safety. MCM asked FIGG what to do about the cracks. Despite being sent the photographs on 28 February, FIGG didn’t reply until 7 March, and even though the cracks were large, expressed no concern.

Five days prior to the failure, on 10 March 2018, the main span was moved from the casting yard into its final position over the freeway. This move caused further cracking and widened existing cracks.

Not a safety issue

Two days later, on 12 March 2018, MCM documented the extent of the cracks around the Member 11 to Member 12 deck joint and at 4:51 pm sent photographs to FIGG. MCM reiterated their concerns and asked FIGG to advise the best course of action.

FIGG opened the email at 7:45 am the following morning and called MCM at 9:30 am. Fifteen minutes later, FIGG emailed MCM and discussed possible remedial actions, but added: “We do not see this as a safety issue.”

At 10:59 am, MCM received a report from Bolton, Perez & OHS PROFESSIONAL

This blowout caused the catastrophic failure of the joint and resulted in the overstressing of the bridge’s canopy and deck. Both the canopy and deck fractured, and the bridge hinged downwards.

The incident took just 429 milliseconds.

MARCH 2025

33

FLORIDA INTERNATIONAL BRIDGE COLLAPSE IMAGES ARE COURTESY OF MIAMI DADE FIRE RESCUE

The first sign of failure was a concrete blowout at the Member 11 to Member 12 deck joint.

Associates (the CEI). They again raised the issue of the cracks and recommended they be monitored. At 4:13 pm, FIGG left a voicemail for the Florida Department of Transport to update them on the unfolding situation.

At 5:00 pm, FIGG called MCM and proposed a remedial measure.

Post-tensioning – where a member is squeezed into compression to prevent cracking – could be applied to Member 11. It appears FIGG believed that applying post-tensioning would pull the concrete back together again and close the cracks. FIGG then followed up with an email at 5:18 pm, stating: “Again, we have evaluated this further and confirmed that this is not a safety issue.”

typically comes at a significant cost, and there is always a reluctance to do so. This is not necessarily because people are reckless – a point the late James Reason makes so eloquently: “Accidents do not occur because people gamble and lose. They occur because people do not believe that the accident that is about to happen is at all possible.”

By contrast, the consequences of stopping the work would have been readily apparent to those involved in the project.

Bruce Landsberg states that the FIU bridge collapse reminds him of the Challenger disaster: “Rationalisation, optimism, and schedule pressure contributed to what has been described in management training circles as ‘Group Think’.

Strong and confident personalities persuade “Once the cracking everyone that everything will be OK. Despite misbecame evident, not The collapse givings and technical expertise that advise against On the morning of the failure, FIGG visited the one of the organisations such action, the team moves forward as a group.” bridge, photographed the cracks, then attended A key factor in this group think was the role involved was willing to a meeting at 9 am. At the meeting, FIGG were of FIGG, who employed the Engineer of Record. shown additional photographs of the cracks by The Engineer of Record failed to recognise the take the essential and MCM, who said that these “cracks look more sigof the cracks and halt the work, but unpopular step to call a significance nificant in person than on the photographs.” the other parties, despite their concerns, choose to halt and close the road” rely on FIGG’s judgement. Landsberg states that: Apparently unperturbed by these photographs and their earlier site visit, FIGG then delivered a “It also appears that every organisation absolved presentation to the project’s major parties: Florida themselves of responsibility by rationalising that International University, the Florida Department of Transport, MCM, if the EOR says it’s OK, it must be OK, and if anything bad happens – and Bolton, Perez and Associates. FIGG again stressed that there it’s on him.” Ironically, the role of the Engineer of Record is to create were no safety concerns, and their meeting minutes stated that: a single point of responsibility, but if that single point of responsibili“Based on the discussions at the meeting, no one expressed concern ty fails to identify the danger, the centralisation of responsibility can with safety of the span suspended over the road.” diminish the onus on others to act.

FIGG went on to say that preparations for the post-tensioning of This failure illustrates that while we may rationally expect parties Member 11 were ongoing and that it would take place immediately.

– whether they be workers undertaking a routine task or a group of There is no evidence that anyone in the meeting expressed concern parties constructing a significant structure – to stop work when there with this decision, nor that it would occur over an open freeway is evidence of potential failure, rational behaviour can be subverted with traffic passing below. in the presence of other pressures, whether they are financial, time, It was the stresses produced by this post-tensioning that initiated social, or contractual. We therefore need to be aware of this issue, the explosive failure of the Member 11 to Member 12 deck joint and and build in proactive, not reactive, measures to ensure every party the collapse of the bridge. is able to prioritise catastrophic risks, including the ability to challenge, escalate issues, and stop work when necessary.

The failure to stop work

The Vice Chairman of the NTSB, Bruce Landsberg, was scathing about the parties’ response to the cracking: “When the inevitable began to happen – a creeping, catastrophic material failure – nobody did anything, despite what NTSB Chairman Sumwalt accurately described as the ‘bridge screaming at everyone that it was failing.’ Why? Once the cracking became evident, not one of the organisations involved was willing to take the essential and unpopular step to call a halt and close the road.”

This is a common observation regarding construction failures: an unwillingness to stop work. Stopping work in construction projects 34

Dr Sean Brady is a forensic engineer who investigates engineering failures from a technical and organisational perspective. In 2020, he completed the Brady Review, an investigation into the causes of fatalities in the Queensland mining industry. The review was tabled in parliament and made 11 recommendations to the regulator and mining companies on how to improve safety. In 2024, he completed the technical and organisational investigation into the catastrophic failure of a turbine generator at Callide C Power Station in Queensland, Australia.

OHS PROFESSIONAL

FNQ Safety Group: A legacy of workplace safety comes to a close

NET WORKING

The FNQ Safety Group has closed after more than five decades of supporting WHS professionals in Far North Queensland. Andrew Maunder reflects on the group’s journey and its impact and legacy

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n 9 November 1972, just after the release of the Robens I joined the group in 2000 Report, the Cairns and District Industrial Safety Group at the early stage of my proheld its very first meeting at the Cairns Railway Station fessional safety journey, and I Adult Education Centre. Uniquely, the Cairns and District found the networking invalIndustrial Safety Group was the first and only group formed by safety uable in my safety journey as officers outside of Brisbane metro area. Generally, in 1972, WHS was I was able to sit back, listen, only in the domain of heavy industrial industries such as sugar mills, and ask questions. As well as manufacturing plants, and large commercial construction projects. the networking opportunities, The group was well supported by industry, the regulator at the I also gained great friendtime, government departments, and local authorities, such as regionships and comradery from the al councils and the electricity network supplier, within the Cairns group members. I also gained district. When we talk about the surrounding area of Cairns, it is many clients. important to understand that in 1972, the population of Cairns was In 2012, the group celeAndrew Maunder reflects on the just over 32,000 people. The surrounding area north to Cooktown brated its 40th birthday. That history, impact, and closure of the (six hours’ drive), south to Cardwell (three hours’ drive), and west same year, I became president FNQ Safety Group and its support of to the Atherton Tablelands and Mareeba (about an hour’s drive) was of the group and we were regional WHS professionals equivalent to an additional 7,000 people – not a big population, but able to hold a meeting on 9 a population that had people with a passion and the vision for safety November 2012 at the same time and same location as the original Cairns Railway Station Adult Education Centre. Sadly, the railway networking group. building is no longer, as it has been demolished and turned into a Over the years, the group went through several name changes: shopping centre. Ironically, the area of the shopping centre where • 1 972 to 1994: Cairns and District Industrial Safety Group the 40th anniversary was held is now a coffee • 1 994 to 2009: The Far North Queensland shop, located in the same area that the first meetWorkplace Health & Safety Group ing was held.

• 2 009 to 2012: Far North Queensland Safety Group “The voluntary The voluntary participation of members was • 2 012 to 2024: FNQ Safety Group Inc an important aspect of the FNQ Safety Group’s At all times (and through the above name participation of success in supporting and assisting those involved changes), the group maintained an association members was an in WHS in the region. It also assisted in running with the Australian Institute of Health and Safety important aspect our annual one-day seminar. 2022 marked the in its current and previous forms. This was a re50th anniversary of the group and the 40th safety markable feat given the communication mediums of the FNQ Safety conference. It was also the year I was presented of 1972, with no mobile phones, no internet, and Group’s success with life membership of the group, which was a no emails or websites. very proud personal moment.

For 52 years, the group regularly met on the in supporting and Sadly, the membership of the group declined third Thursday of the month. The focus of the assisting those rapidly over the past five years, and despite meetings was to provide support to safety officers valuable efforts from stalwart members, the and safety advisers. In Queensland, up until 2012, involved in WHS in there was a requirement for organisations with decision was made at our August 2024 AGM the region” 30 or more employees to have a safety officer. that the group be closed, and remaining funds Apart from the initial two weeks of training, safety (some $26,000) be donated to the OHS Body of officers in Far North Queensland did not generally Knowledge for research. have convenient access to the networks that existed in city areas.

After nearly 30 years in the safety profession, the networking and The group met at alternative venues around Far North support of organisations such as the AIHS and its members is invaluQueensland, and some of the meeting venues included sugar mills, able. This is why it is so important that we, as members of the AIHS, large engineering and fabrication businesses, and large construction support the organisation and volunteer our time where we can. sites. The purpose of the meetings was to discuss issues that arose in workplaces, along with updates from the regulator and government departments. Along with the regular meetings, the group held an Andrew Maunder is a certified OHS professional and the concluding annual one-day safety conference known as Safety Connect. president of the FNQ Safety Group.

MARCH 2025

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L AW

What is the law’s view on ‘reasonably practicable’ for WHS? Recent legal cases highlight the evolving interpretation of ‘reasonably practicable’, as legal experts discuss key precedents, overlapping duties, and lessons for OHS professionals

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he courts continue to carefully analyse the practical imprivilege, Girle said the regpact on safety outcomes of implementing the specific conulator will be easily able to trol measure(s) being considered, according to Deanna discover it.

McMaster, a partner at Minter Ellison. In doing so, she said The recent case of the the courts are seeking clear evidence of the actual risk to workers prosecution of SafeWork NSW and others, as well as that the control measure(s) will positively afv Bay Timber Manufacturing fect safety outcomes that are within the PCBU’s capacity to influence Pty Ltd [2024] NSWDC 585 and control. “It is not enough to show that a particular step could is an example of this. Another have been taken that might have had some effect on safety,” she common example is where the explained. regulator has identified to the Nerida Jessup, a partner at Herbert Smith Freehills, said that person charged the risk and what is ‘reasonably practicable’ differs between overlapping duty they have failed to act on it, Macpherson Kelley’s Alan holders, but courts have shown a willingness to hold multiple parties according to Girle, who pointGirle said that with regards to accountable under WHS laws. “There is a line of prosecutions where ed to the recent prosecution of ‘reasonably practicable’, much of more than one party in the contractual chain have faced prosecution Weather Master Roofing as an the discussion in the case law is – but the charge against each of those parties, and in particular the example of this. about what the person charged ‘reasonably practicable steps’ that it is alleged form a part of their McMaster said the primaactually knew or what they should WHS duty, looks different,” she explained. ry authorities on ‘reasonably have known about the risk “Consistent with this trend, we have recently seen the prosecupracticable’ are well-settled. tion of each of the principal contractors for a construction project, The decisions in Baiada a specialist subcontractor, and the transport provider in respect of Poultry Pty Limited v The Queen (2012) 246 CLR 9, Slivak v Lurgi the same incident. Courts will broaden focus across the contractual (Australia) Pty Ltd (2001) 205 CLR 304, and Laing O’Rourke (BMC) chain, illustrating the importance of clear and effective contractor Pty Ltd v Kirwin [2011] WASCA 117 are continuously referred to in engagement.” published prosecution decisions and remain the most useful reading Alan Girle, special counsel, employment, safety and migration on this topic. “It really is worth the investment of time to read these at Macpherson Kelley, acknowledged that when you are looking at decisions in full so that OHS professionals have the benefit of seeing WHS case law, there is a lot of discussion about what the phrase the court’s approach to analysing what is reasonably practicable, and ‘reasonably practicable’ means. Across Australia, he said the primary understanding how context and fact dependent this analysis is,” she duty is to ensure the health and safety of people so far as is reasonsaid. ably practicable. “When considering this phrase, you also have to McMaster also pointed to the Queensland Industrial Relations note the common practice for regulators to only prosecute where Commission decision in Seymour Whyte Constructions Pty v the someone has been injured,” he said. “This necessarily means that Regulator [2024] QIRC 085. In this matter (which Minter Ellison there has been a failure to ensure the health and acted in), the applicant sought external review safety of that person, which also means that the of, among other things, an improvement notice debate is most likely going to be about whether which had been issued in relation to the manage“It is not enough to the person charged has done all that is reasonably ment of vehicle versus pedestrian interaction on show that a particular practicable.” an access road at the applicant’s site. “The applicant had in place a range of control measures for step could have been Case law and ‘reasonably practicable’ this risk, notably including engineering controls taken that might have precedents such as the design of the road, as well as a comIn this regard, Girle said most of the case law talks prehensive safe operating procedure in relation to had some effect on about a failure to do what was ‘reasonably practraffic management,” McMaster said. safety” ticable’. “There is, of course, a detailed definition The Workplace Health and Safety Queensland of what ‘reasonably practicable’ means, but a lot inspector had issued the improvement notice on of the discussion in the case law is about what the basis that a further administrative control the person charged actually knew or what they should have known ought to have been implemented, being a rule that only persons about the risk. If the regulator can establish that the person charged or vehicles could be on the road at the time. McMaster said the was forewarned of the risk and failed to address it, the person Commission accepted that this control was ‘unnecessary’, noting that charged will have great difficulty in showing that they had done all the evidence demonstrated that the control measures already implethat was reasonably practicable,” he said. mented by the applicant made it ‘unlikely’ that any person would be An example of this would be where an audit has been conductstruck by a vehicle under those conditions. ed and the auditor identified the risk to the person charged. Of The decision in Miller Logistics Pty Ltd v SafeWork NSW [2024] course, if the audit was not conducted under legal professional NSWDC 58 provides a useful counter-factual to this, McMaster 36

OHS PROFESSIONAL

added. The company was prosecuted for a category 2 breach of its primary duty after a contractor was struck by a forklift and suffered serious injuries as a result. “The court stepped through a detailed analysis of the factors under section 18 of the WHS Act (NSW) to determine whether the company had failed to implement a reasonably practicable control measure,” she said.

In considering what the company knew or ought reasonably to have known about how to manage the risk of forklift versus pedestrian interaction, McMaster said the court found industry guidance materials published years before the incident made clear that “nothing short of total separation of forklifts and pedestrians was adequate to ensure safety”. Further, she said the steps taken by the company after the incident showed that additional control measures to mitigate the risk were both available and came at little, if any, cost to the company.

Sufficiency of systems and WHS prosecutions

Jessup noted that the level or assurance, supervision, and training will be key to demonstrating the sufficiency of systems of work. She explained that there has been a line of authority in NSW Courts where the PCBU has been held not criminally liable on the basis of unforeseeable worker non-compliance with systems they had been trained in. “In each of those matters, the court found that the respective duty holders had reasonably practicable existing systems in place which, if complied with, would have addressed the risks,” she said.

This has recently included McColm (NSW Department Planning and Environment) v Moolarben Coal Operations Pty Ltd [2023] NSWDC 255. “In that case, the court found the most immediate cause of a blast crew being exposed to a serious risk was the failure of the individual shotfirers to comply with the procedure that they had been trained on, with the court rejecting the idea that the non-compliance was ‘common practice’. This underlies the importance of making sure that any systems of work are implemented effectively, including through focus on ensuring robust, assurance, and supervision approaches,” Jessup said.

It is also important to remember that WHS prosecutions are conducted with hindsight, according to Jessup, who explained that part of that is the examination of steps taken after the incident. On the point of post-incident steps, which are as a matter of course the subject of investigation by safety regulators and inevitably relied on by prosecutors to demonstrate what was reasonably practicable (and with the benefit of hindsight), she said this was directly addressed in SafeWork NSW v Southern Meats Pty Ltd [2021] NSWDC 192 which held, in MARCH 2025

Minter Ellison’s Deanna McMaster said that OHS professionals are a key conduit for information between the business and its leadership

effect, that for the evidence of post-incident changes to be admissible, it must have a logical connection with a fact in issue, and that evidence of steps taken after an incident may be directly relevant to the question of reasonable practicability, and thus may be admissible. “This really is a reminder of ensuring that risk management approaches have regard to achieving highest level of protection in accordance with hierarchy of controls, noting that this concept has been adopted in relation to the control of psychosocial hazards as well as physical

risks,” she said.

Zoonotic diseases and the Queensland Museum

A case worthy of closer examination is the prosecution of a work health, safety and risk manager who worked at the Queensland Museum at Southbank (Ms X), according to Girle. In June 2015, Ms X attended a WHS presentation on biological hazards headed by a Workplace Health and Safety Queensland inspector, who spoke to Ms X personally regarding the illness risks from taxidermy work on native animals.

On 15 and 16 October 2015, Girle explained that Ms X exchanged communications with the inspector that specifically dealt with queries raised by the defendant concerning Q Fever exposure for museum works and the controls available to manage the risk from exposure. Following this, he said the defendant commenced a risk assessment but failed to finalise it. “No controls were implemented,” he said. “Why controls were not implemented is not fully discussed in the publicly available reports. It may have been because of the low risk involved, the lack of experience in taxidermy, and the very large workload Ms X had in looking after four museums in Southbank, Ipswich, Townsville, and Toowoomba.”

Q Fever is a vaccine-preventable disease caused by the Coxiella Burnetii bacterium. It spreads from animals to people by bacteria 37

found in the animal’s hide, At that moment in time, he said they might have thought the risk wool, fur, or bodily fluids. too low. However, the failure to finalise Ms X’s risk assessment was a Girle explained that humans failure to do what was reasonably practicable, according to Girle, who can become infected by added that, technically, Ms X was charged with failing to exercise ‘reainhaling the dust from infectsonable care’ (section 28), but the charge against the Board of failing ed animals or from contact to do what was ‘reasonably practicable’ was based on Ms X’s conduct. with mucous membranes. He “From a practical perspective, I tend to agree with Ms X’s barrister. noted that the museum had If Ms X had never spoken to an inspector, she would never have been no specific policy for zoonotic charged. She would also have been able to argue that she was not diseases such as Q Fever and fully aware of the risk or how it could have been managed,” he said. no training, immunisation “Also, I struggle with the distinction between a safety professional that program, or Safe Operating becomes a WHSO and one that doesn’t. Had Ms X become a WHSO, Procedures (SOPs) for infecshe might have been able to argue she was immune from prosecution Herbert Smith Freehills’ Nerida tion prevention and control of (under section 103G of the Work Health and Safety Act 2011). Yet Jessup said risk management zoonoses. don’t all safety professionals both perform the same task? approaches need to have regard On 19 January 2019, an “The lesson we can take away from this case is if you personally know to achieving highest level of employee working in the skinof a risk, and particularly if you have documented that risk, then it is critical protection in accordance with ning room of the Queensland that address that risk in a positive fashion. Notwithstanding that you might hierarchy of controls Museum at Southbank was have dedicated your career to making workplaces safer, the WHS prosecudiagnosed with a spinal tor may show you no sympathy.” abscess as a manifestation of Q Fever. As a result of the condition, McMaster also said the Queensland Museum matters serve as an importthe worker was permanently disabled. The WHS Prosecutor brought ant reminder of the critical role of effectively assessing risks in determining proceedings against both Ms X and the Board of the Queensland what is reasonably practicable. “The challenge Queensland Museum and Museum Network. “Ms X was not a Work Health and Safety Officer its WHS manager faced was twofold: they were on notice of the risk of (WHSO), nor a Health and Safety Representative within the meanzoonotic diseases in connection with the taxidermy work undertaken at the ing of the Work Health and Safety Act 2011, so she did not have the museum, but the systems were not in place to fully assess or manage it,” protection afforded to those roles,” said Girle, who explained that McMaster explained.

Ms X pled guilty to the charge against her.

“Having been made aware of the risk at a WHSQ seminar on the “Her barrister is reported to have submitted that if Ms X had never topic, and subsequently starting a risk assessment in relation to it, spoken to the inspector, she would never have been charged. On the WHS manager did not complete this. There are, no doubt, many 29 March 2023, she was convicted and the court imposed a good good reasons for this oversight, and the enforceable undertaking behaviour bond of $1500 for 12 months. The conentered into by Queensland Museum gives insight viction was not recorded, but her name was wideinto the role that its existing systems and processes “Courts will broaden ly reported by mainstream media,” he said. Ms X may have played in this outcome. The absence of continued to work for the Queensland Museum both the systems and processes to support comfocus across the Network, but no longer as a safety professional. pleting the risk assessment, and the completed risk contractual chain, Based on submissions made at her sentencing, assessment itself, meant that the knowledge held Girle said she is most likely retired now, while no in relation to the risk was not converted into action illustrating the executive from the Queensland Museum Network to address it. The key takeaway is that where a risk importance of clear ever appeared in court. The Board managed to is identified, it needs to be addressed.” and effective contractor convince the regulator to accept a WHS undertaking from the Queensland Museum Network Implications for OHS professionals engagement” (worth approximately $1 million). “In deciding In light of this, McMaster affirmed that OHS to accept the undertaking, the regulator found professionals are a key conduit for information that the Board had failed to comply, so far as reasonably practicable, between the business and its leadership. “Many of the professionals with the primary duty. However, the prosecution against the Board we work with play a central role in collating and synthesising hazwas discontinued,” said Girle. ard and risk information coming from the ‘shop floor’, so that the leadership can engage with it in a meaningful way. This is essential Lessons learned from The Queensland Museum to enable any PCBU to identify and implement those ‘reasonably The prosecution of Ms X is an important one for safety professionals, practicable’ control measures,” she explained. according to Girle. “It would be easy to think the regulator would “What this looks like in practice is keeping (or if needed, createxercise its discretion not to prosecute a diligent safety professional ing) space for the risk identification and analysis work – this is all at the twilight of her career,” he said. about making sure you have the time to engage with the informa“One has to also wonder what the regulatory gain is in bringing tion you are receiving from different parts of the business, as well as such a case. However, the current Queensland WHS Prosecutor has the people in those areas, and translating this feedback into tangia predilection for prosecuting employees and Ms X is not the only ble actions to be implemented. Of course, this work is most effective safety professional charged. This year, I was successful in having when OHS professionals can come alongside the business area and charges against a safety professional dismissed. In Ms X’s case, the support them to take accountability for both identifying hazards likelihood of a person being infected with Q Fever was low and this and risks as well as assessing and controlling them.” particular case was the only case ever occurring in a museum. The Where there is a lack of maturity or resources to be able to do degree of harm was significant. Because of her discussions with the this, McMaster said OHS professionals have a vital role in advoinspector, she knew the risks and vaccination was an available way cating for change to leadership. “This means ensuring that you are to minimise that risk.” getting ‘face time’ with your organisation’s leadership, where you Of course, Girle acknowledged that it is impossible to know have the opportunity to present an analysis of the information you whether a recommendation for vaccinations by Ms X would have have gathered and the steps that can or need to be taken to address been responded to favourably by the Queensland Museum Network. it,” she said.

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OHS PROFESSIONAL

BOOK

review Critical Systems Thinking: A Practitioner’s Guide

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BOOK: Critical Systems Thinking: A Practitioner’s Guide AUTHOR: Michael C. Jackson PUBLISHER: Wiley, 2024 REVIEWED by: Kym Bills, FAIHS (Life), University of Adelaide visiting research fellow, ECU PhD candidate

r Michael Jackson OBE is an emeritus professor at the and Dewey. Jackson considers that systems thinkers Bogdanov, von University of Hull. Having studied systems since 1978, Bertalanffy, and Wiener all ‘lean towards’ philosophical Pragmatism, his first book on systems management was published in as do a range of other writers (e.g. Deming) who address more 1991. In 2019, Wiley published a 700-page major academic general managerial and other issues. tome by Jackson: Critical Systems Thinking and the Management of Part two, ‘Critical Systems Practice’, is the heart of the book. In Complexity. Around then, Jackson changed his long-term preference five chapters, it considers how CST can be translated into practical for using a form of philosophical Critical Realism to underpin action through four CSP ‘EPIC’ stages (Explore, Produce, Intervene, his ‘Critical Systems Thinking’ (CST) to instead favour a form of Check), each illustrated with examples and issues. Explore the philosophical Pragmatism. While only the most studious OHS/ situation of interest includes the use of five systemic perspectives WHS professional would seek to read the 2019 book, I wondered termed mechanical, interrelationships, organismic, purposeful, and if an updated and slimmed down version with a sub-title of ‘A societal/environmental. Produce an intervention strategy includes Practitioner’s Guide’ could be more appropriate. choosing an appropriate systems methodology from engineering, Readers may recall that Paul Salmon and colleagues wrote the system dynamics, living systems, soft systems, and emancipatory current ‘Systems’ chapter in the OHS Body of Knowledge (www. systems. Intervene entails the flexible use of methodologies, ohsbok.org.au/chapter-12-1-systems/), and that a models, and methods, and staying alert to year ago, I favourably reviewed their Handbook of the evolving situation of interest and being Systems Thinking Methods which had a focus on prepared to change. Check on progress requires “I have admired how to use 12 relatively complex systems analysis systemic evaluation. In some ways, EPIC echoes a lot of Jackson’s methods such as Accimap and STAMP. I also the ‘Plan-Do-Check-Act’ approach found in wondered whether Jackson’s latest book would international ISO standards that are familiar to more recent systems helpfully add to that material.

OHS Professionals. academic writing and In his latest book, Jackson argues that CST “is Part three, ‘Towards a Systems Thinking World’, a systems approach that aims to assist decisioncomprises one chapter in which Critical Systems regard this book as a makers to better understand and address the Leadership (CSL) is held to be the approach that fitting culmination” complex issues they face”. His reviewed book has can best take advantage of the current upsurge the broad stated goal of “seeking to help people in interest in Systems Thinking. Jackson argues take decisions to improve situations that are of that CSL can overcome barriers to successful concern to them”, and in particular to address many increasingly implementation that arise through the way it is presented and complex local situational problems as well as ‘wicked’ global issues. perceived, various cultural and societal constraints, and other It incorporates less historical and theoretical material than his 2019 contextual factors. CSL mindset, attributes, collaboration, ethics, book and has a much greater focus on Critical Systems Practice and methodological competence are outlined, which together can (CSP) as a Weberian generalised ‘ideal type’ of ‘good systems maximise CSP practical success. practice’. In addition to an Introduction and Conclusion, the book I have admired a lot of Jackson’s more recent systems has three main parts. academic writing and regard this book as a fitting culmination.

Part one, ‘The Emergence of Critical Systems Thinking’, includes It is more accessible, practical, and pragmatic than the what Jackson considers to be ‘essential’ historical and philosophical others. Critical Systems Thinking: A Practitioner’s Guide does add background across three chapters. Competing Systems Thinking different and broader dimensions to the material by Salmon approaches and foundations, and the need to better understand and colleagues. It also deserves to be read alongside two cited emergence that produces systems with different properties at higher Systems Thinking classics: Peter Senge’s The Fifth Discipline: levels of complexity, leads to Jackson’s argument for a pluralistic The Art & Practice of The Learning Organization and Donella approach to CSP underpinned by ‘systemic Pragmatism’. He Meadows’ Thinking in Systems: A Primer. While not a simple traces Pragmatism’s heritage from Artistotle’s phronesis (practical ‘how to’ guide, Critical Systems Thinking: A Practitioner’s Guide wisdom), and especially from American pragmatists Pierce, James, can confidently be recommended.

MARCH 2025

39

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The OHS Professional editorial board 2025

NAOMI KEMP

KAREN WOLFE

KYM BANCROFT

LIAM O'CONNOR

LOUISE HOWARD

MICHAEL TOOMA

ROD​​​​ MAULE

Founder & Managing Director, Safe Expectations

General Manager of High Reliability, ANSTO

Managing Director, New View Safety

HSET Group Manager, SRG Global

Director, Louise Howard Advisory

Partner and Head of ESG, Hamilton Locke

GM Safety & Wellbeing, Australia CEO & Lead Post Consultant, Pocketknife Group

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