Trade union organiser jumps the gun on Industrial Manslaughter after mine rockfall

Last week, a miner, Kurt Hourigan, died in a rockfall in a gold mine in the rural city of Ballarat. Another was rescued, and over twenty work colleagues were able to access a safety pod and exit the mine later.

Accusations of mismanagement and deficient occupational health and safety (OHS) practices are rife. The media coverage of the disaster and its aftermath reflects the days immediately after the Beaconsfield Mine Disaster in Tasmania in 2006, where the trade union, the Australian Workers Union (AWU), dominated the provision of information. But why is the AWU calling for a prosecution for Industrial Manslaughter? And why now? Isn’t there a stronger OHS message available?

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Industrial Manslaughter fears

The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context.

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Let’s talk about work-related suicide

Occupational health and safety (OHS) has been fairly successful in reducing the frequency and numbers of traumatic workplace injuries largely because such injuries cannot be hidden or may occur in front of others and increasingly on video. It is a sad reality that work-related deaths generate change and progress. Sometimes the more deaths, the more significant that change or, the quicker that change occurs. However, it is even sadder that change often requires a death.

Note: this article discusses suicide.

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Worker mobilisation and OHS

Occupational health and safety (OHS) professionals, like anyone else, base their decisions and advice primarily on their living memory. This partly explains the trend of emphasising “lived experience” sometimes over history or research. But it is understandable that we trust experiences from people face-to-face over what we read or what Grandad sort-of remembers from his first job. But history is important, especially when new sources of history are being unearthed or old sources are re-evaluated.

Recently, Michael Quinlan has been working on the recently digitised records of Australia in convict times and the 1800s. This research, conducted with colleagues, reveals new perspectives on industrial relations and worker health and safety. Recently, he presented to the Australian Council of Trade Unions (ACTU) on Moibilising and Organising Workers – Lessons from Australian History 1788-1900. (I know, but bear with me).

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HSRs are one option for Consultation, not the be-all and end-all

WorkSafe Victoria’s obsession with Health and Safety Representatives (HSRs) was displayed at last week’s 2023 WorkSafe Awards night. The HSR of the Year nominations generated rowdiness in the audience, absent from the rest of the evening. The political context for emphasising HSRs in workplaces is understandable; there is always a close (and financial) relationship between trade unions and left-leaning political parties like that currently governing Victoria. HSRs and occupational health and safety (OHS) committees have been part of Victoria’s OHS legislation since 1985.

But only as one element of Consultation – a concept and principle that applies to all Victorian workplaces, not just those with trade union members or HSRs.

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Safety Systems of Work receives some clarity

Employers and their representatives have long claimed to not understand their occupational health and safety (OHS) obligations and include OHS in their spurious claims of government “red tape”. These claims have become a business mantra but it is BS. OHS is not separate from running a business, making business decisions, or even designing a business at the earliest concept stages. OHS exists in these processes even if the business owners fail to accept it.

But Australia’s OHS regime does have its blind spots. A major one is the lack of explanation for a “safe system of work“. But SafeWork’s new Designing Work to Manage Psychosocial Risks guidance offers some clarity. Maybe what has been largely ignored in the past has a renewed (psychosocial) relevance.

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Work (re)design needs government subsidies to succeed

Last week, SafeWork New South Wales progressed the management of psychosocial hazards at work with the release of its Designing Work to Manage Psychosocial Risks guidance. This document has been a long time coming and offers significant advice on how work and people management needs to change in order to prevent psychosocial hazards. However, its implementation is likely to generate considerable opposition and confusion, or even organisational shock, if it is not able to convince employers of increased profitability and productivity from making the change.

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