law – Page 76 – SafetyAtWorkBlog

Industrial Manslaughter concerns of the Victorian government taskforce

In April this year the Victorian Government’s Workplace Manslaughter Implementation Taskforce raised the following issues in its Criminal Law Reform Consultation Paper, seen by the SafetyAtWorkBlog:

the definition of “person” in the OHS and proposed Industrial Manslaughter laws
the establishment of negligence and the standard of care expected by the reasonable person
the extension of Industrial Manslaughter offence to the deaths of members of the public
whether a decision or act causes the death or only contributes to it
exceptions to the laws beyond just volunteers
inter-agency cooperation and coordination for effective prosecutions.

If you have any information about safety-related issues or incidents, remember that SafetyAtWorkBlog operates a confidential and anonymous information line at https://safetyatworkblog.whispli.com

Safety remains a muddle in Australia’s trucking industry

SafetyAtWorkBlog believes the fact that commercial vehicles are also workplaces remains under-utilised in Australia. There are hints that this position is shared by others and that the analysis of occupational health and safety (OHS) in the transport sector is maturing. An Issues Paper released in May 2019 by the Productivity Commission (PC) as party of the review of the 2009 National Transport Regulatory Reform program looks at potential safety outcomes.

In each of the sectors within the reform program – heavy vehicles, rail and maritime – safety improvements, enhancements and improvements were expected. The PC accepts the multidisciplinary and multi-factorial elements of OHS:

“…. the national laws and regulators are only one influence on safety outcomes. The multiplicity of influences on safety outcomes raises challenges for measurement of the contribution of the national system to any changes in safety outcomes since the system was introduced. The Commission envisages that the direct net benefits from safety related reforms must be assessed by the use of simple methods such as benchmarking (including to other countries) and other descriptive analyses. For example, Hassall (2014) estimates the accident rate (broken down by accident severity) per 100 million kilometres.”
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(Given that the PC has a separate inquiry into mental health, it will be interesting to see if this perspective is consistent across different sectors)

Bereaved families group demands changes

Documents related to the development and implementation of Industrial Manslaughter laws in Victoria and seen by SafetyAtWorkBlog say that the Department of Justice and Community Services will draft a policy paper on the laws prior to the proposed Industrial Manslaughter Bill being presented to Parliament in October or November. October’s Work Health and Safety Month promises to be lively this year.

Participants in the Workplace Fatalities and Serious Incidents Reference Group had expressed concerns about the phoenixing of companies after a workplace fatality and that workplaces where deaths have occurred should be treated as a crime scene that:

“…should not be operational until a full investigation is complete”

The Victorian Government remains secretive on Industrial Manslaughter laws

Victoria’s Department of Justice and Community Safety’s Freedom of Information correspondence is headed:

“Information Integrity & Access”.

For the last few months SafetyAtWorkBlog has been chasing the Workplace Manslaughter Consultation Paper through official channels and been granted “two pages in full”, “four pages in part” and been refused access in full to most of the Consultation Report. This decision (available here) is because

“These documents include information concerning opinion, advice or recommendation of an officer and the personal affairs of third parties, which cannot be disclosed [for reasons given in the letter]”.

Medical and OHS sectors must start speaking the same language on mental health

For many years, the Australian medical has been supportive of a “Health Benefits of Good Work” (HBGW) initiative. This initiative, started in 2010, is directly relevant to how Australia is determining its mental health policy and strategies especially as they relate to workplaces. The initiative was developed by:

“…. the Australasian Faculty of Occupational and Environmental Medicine (AFOEM) of The Royal Australasian College of Physicians (RACP). This initiative is based on compelling Australasian and international evidence that good work is beneficial to people’s health and wellbeing and that long term work absence, work disability and unemployment generally have a negative impact on health and wellbeing.”

This initiative can be seen behind many of the public statements about the mental health status of the unemployed as this sits within the public health and the social welfare sectors, but it is rarely mentioned by those providing occupational health and safety (OHS) advice.

Hopefully prevention of mental injuries at work will emerge in this Royal Commission

LtoR: Professor Bernadette McSherry, Prof. Allan Fels, Penny Arnytage, Dr Alex Cockram

The first week of media coverage of Victoria’s Royal Commission into Mental Health is very thin on the roles and impacts of workplaces and work activities on people’s mental health, but it is part of the conversation.

The Public Hearings on July 4-5 had Prevention and Early Intervention as their theme. Prevention as occupational health and safety (OHS) people would apply was mostly absent. Prevention, in OHS terms, is usually about the elimination of a risk or hazard whereas the impression from the discussion in the Royal Commission over the last few days is that mental health is something that appears, strikes an individual (with ripples to relatives), is treated and a new psychological normal, a functional/social normal is established. Analysis of the social, occupational and environmental precursors, elements that OHS investigations are obliged to consider, seems missing, at the moment.

According to the Commission’s transcript Chair Penny Armytage said on July 2, 2019:

“We start these hearings with a wide lens. Not in hospitals or clinics, but in our homes, our sporting fields and our workplaces.”

Industrial Manslaughter submissions

The issue of Industrial Manslaughter laws continues in Victoria. Several organisations were invited to provide submissions to the Victorian Government’s task force formed to look at the implementation of these laws. Three of those submissions have been seen by SafetyAtWorkBlog:

Master Builders Association of Victoria (MBAV)
Safety Institute of Australia (now the Australian Institute of Health and Safety)
Joint submission from various trade unions and labour law firms*

Joint Submission

The joint submission states that

“The laws will also improve health and safety outcomes in workplaces by providing a real deterrent to employers who are tempted to cut corners on health and safety.”

Category: law

Industrial Manslaughter concerns of the Victorian government taskforce

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Safety remains a muddle in Australia’s trucking industry

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Bereaved families group demands changes

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The Victorian Government remains secretive on Industrial Manslaughter laws

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Medical and OHS sectors must start speaking the same language on mental health

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Hopefully prevention of mental injuries at work will emerge in this Royal Commission

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Industrial Manslaughter submissions

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