death – Page 26 – SafetyAtWorkBlog

Victims of industrial crime

On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.

The Age newspaper reports

“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”

and that

“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”

Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.

Industrial manslaughter laws are (still) unlikely to save lives in the workplace

In June 2018, Rick Sarre, now the Dean of Law at the University of South Australia’s School of Law, wrote an article in The Conversation titled
“Why industrial manslaughter laws are unlikely to save lives in the workplace“. On the eve of the #safetyscape conference and an upcoming conference on enforcement in which presentations on Industrial Manslaughter laws will feature, SafetyAtWorkBlog asked the very busy Professor for an update on some of the themes and thoughts in his article. Below are his responses.

Dust clouds on kitchen benchtops

The Victorian Premier, the Minister for Workplace Safety, *Dr Ryan Hoy* and others at the silicosis announcement

The Victorian Government has announced that various safety initiatives are being taken on the silicosis risks associated with products described as synthetic stone. This initiative is an important first step in reducing the exposure of workers to silicosis but there are some curiosities in the announcement and WorkSafe Victoria’s accompanying Information Sheet.

The core elements of the government’s action are:

“A state-wide ban on uncontrolled dry cutting of materials that contain crystalline silica dust
Free health screening for Victoria’s 1400 stonemasons
A tough new compliance code for businesses working with silica
An awareness campaign to highlight the risks of working with engineered stone”.

Industrial Manslaughter – still thin on details and justification

Shortly after a SafetyAtWorkBlog article on occupational health and safety in the Australian federal election campaign, the Australian Labor Party (ALP) and the Australian Council of Trade Unions (ACTU) release media statements. It is a coincidence but one I should have anticipated as yesterday was International Workers’ Memorial Day.

The Shadow Minister for Employment and Workplace Relations, Brendan O’Connor, and Shadow Assistance Minister, Lisa Chesters, said that Australia’s work health and safety laws:

“are no longer harmonised or adequate,…..

This is the closest we will get to an admission that the harmonisation of occupational health and safety (OHS) laws in Australia has been a failure. Both the ALP and the Liberal/National coalition have responsibility for this failure. the harmonisation process was announced by the Liberal’s John Howard, but the Labor Party had the running of the process for most of its length. Many States introduced the laws but both political parties in Victoria have refused to participate, based on flawed economic assessments. The continued disinterest from Victoria’s Labor Party in harmonisation remains puzzling.

The politics of safety

Bill Shorten third from the right at the 2012 Safe Work Australia awards in Parliament House Canberra

There is little doubt that Opposition Leader, Bill Shorten, believes that occupational health and safety (OHS) is important. His interest was on show, perhaps most significantly, during his time as a union leader at the Beaconsfield mine disaster but he has spoken at various OHS awards, the opening of the National Workers Memorial, local memorials, and was a participant in the Maxwell Review of Victoria’s OHS review in 2006.

OHS has not appeared yet in the current Federal Election campaign. It rarely does. But there is an opportunity to argue that the Australian Labor Party (ALP), of which Shorten is the leader, will not only create more jobs for Australian but that they will be safe jobs. To an OHS professional, it seems to be a simple position, a position that is extremely difficult to argue against. However, the politics of safety in Australia cannot be separated from the role and activities of the trade union movement. Yet, OHS is not just a union challenge, it is relevant to all workers and their families, but only the trade unions seem to have an OHS voice. Letting this situation continue is not sustainable.

The biggest OHS challenge is greed

As the world approaches World Day for Safety and Health at Work and International Workers Memorial Day this coming Sunday it is worth reminding ourselves of some of the immorality that unregulated Capitalism allows. A company in one of the last remaining exporters of asbestos, Russia, has used President Donald Trump’s words and image to support its production and export of asbestos*, a product known for over a century to cause fatal illnesses.

Why is asbestos still mind if the evidence of its fatality is incontrovertible? Greed, or as it has been called in the past – “good business sense”. Many authors have written about the history of asbestos globally and locally. Many have written about the injustice in denying victims compensation from exposure to a known harmful chemical. But few have written about the core support for asbestos production, export and sale – Greed.

The dicks are swinging over OHS

A couple more election campaign publications and statements have appeared in relation to occupational health and safety (OHS), one by the Institute of Public Affairs (IPA) and another in response to some advertising by the Construction Forestry Mining Maritime and Energy Union (CFMEU) released by the Master Builders Australia (MBA).

Institute of Public Affairs

There is nothing in the IPA report “20 policies to fix Australia” that directly relates to OHS, but there is a continuance of the desire for less “red tape”, a desire that has often mentioned OHS regulations and licencing as examples. The IPA says:

Category: death

Victims of industrial crime

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Industrial manslaughter laws are (still) unlikely to save lives in the workplace

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Dust clouds on kitchen benchtops

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Industrial Manslaughter – still thin on details and justification

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The politics of safety

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The biggest OHS challenge is greed

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The dicks are swinging over OHS

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