During April 2019 Executives from Safe Work Australia (SWA) attended the Senate Estimates hearings as usual. This current session was a little different as a General Election was imminent and Industrial Manslaughter laws have increased focus on occupational health and safety (OHS) organisations and regulators. Also the Committee included Senator Gavin Marshall who, late last year, was the Chair of the committee which conducted an inquiry into industrial deaths.
Continue reading “Safe Work Australia at Senate Estimates”Category: politics
Better jobs should also be safer jobs
The impending election in Australia has started to generate various position statements and discussion papers from various lobbyists. The Australian Industry Group (AiGroup) and the Business Council of Australia (BCA) are the latest of these.
The AiGroup released its Productive and Fair Workplace Relations statement in late March 2019. Surprisingly there is no mention of occupational health and safety (OHS) even though its contribution to a productive workforce is well established. Its omission is doubly surprising given the political stink in some States about the introduction of Industrial Manslaughter laws.
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Release of authoritative quad bike safety report is still not enough for the Federal Minister
On April 6 2018 Australia’s Assistant Treasurer Stuart Robert released the report into Quad Bike safety prepared by the Australian Consumer and Competition Commission (ACCC). The report makes unsurprising safety recommendations, many of these have been coming for years. The surprise is the Minister’s decision to begin another round of consultation:
“The Government is inviting stakeholders to review and comment on the ACCC’s recommended safety standard.”
The previous paragraph in the Minister’s press statement acknowledged:
“Extensive consultation has been undertaken including with technical experts, farmers, the recreational and tourism sector, consumer groups, health and medical experts, industry and government bodies. The majority of stakeholders support a new mandatory safety standard. The ACCC’s report highlights how these safety measures including installing an operator protection device can significantly reduce the frequency and severity of injuries, particularly from rollover incidents”
An indication of the level of “extensive consultation” can be seen through the process the ACCC has been running since at least November 2017. The only possible reason for this extraordinary decision is the political desire to release the ACCC report prior to the Federal Election, only just announced as occurring on May 18, 2019.
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What was overlooked during Budget week
Last week the Australian media was dominated by discussions on the Federal Budget and it being the precursor to a Federal Election in May 2019. But there were several actions in the few scheduled days of Parliament which relate to occupational health and safety (OHS). Below is a summary of some of them.
Labour Hire
In support of the Morrison Government Budget, Minister for Jobs and Industrial Relations, Kelly O’Dwyer, issued a media release stating that in response to Migrant Workers Taskforce Report, the Government (should it be re-elected, in reality) will establish:
“….a National Labour Hire Registration Scheme to ensure compliance and transparency in the labour hire industry in high-risk sectors;”
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Young worker’s death increases OHS pressure on State and Federal governments
This week an 18-year-old construction worker died in a scaffold collapse on a New South Wales construction site. The occupational health and safety (OHS) regulator has instigated an investigation into Christopher Cassaniti’s death and the serious injury of a work colleague in the same incident, as well as an inspection of scaffolding throughout the State.
An excellent podcast on the incident and the OHS context is available at Triple J’s Hack podcast.
In May 2019 Australia has a general election and, following yesterday’s Budget announcement, Australian politicians are in campaign mode. That might seem irrelevant to the workplace death of a young man but the Shadow Minister for Employment and Workplace Relations, Brendan O’Connor, was interviewed the day after Cassaniti’s death by Triple J’s Hack program. The discussion eventually reached Industrial Manslaughter laws.
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Industrial Manslaughter laws for NSW? Sizzle but no steak
Some trade union and occupational health and safety (OHS) newsletters are stating that the New South Wales Labor Party has pledged to introduce Industrial Manslaughter laws should it win this weekend’s State Election. Looking at the actual pledges shows the commitment may not be as solid as some expect and others hope.
The NSWLabor website related to workplace safety matters seems to make no commitment for the introduction of Industrial Manslaughter laws, only to discuss laws and penalties in comparison to the penalty for manslaughter under other laws:
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Scarlet M for Manslaughter
In March 2019, the Northern Territory government released its “Best Practice Review of Workplace Health and Safety in the Northern Territory”. This report was written by Tim Lyons who reviewed the Queensland work health and safety (WHS) Laws not so long ago. Lyons is creating a career path as sustainable as Alan Clayton who seems to have reviewed all the workers’ compensation systems in the Asia Pacific!
There are many similarities between the two reports which is not surprising – same Model WHS laws, same reviewer….. Yes, Industrial Manslaughter laws were recommended but this is almost a pro forma recommendation at the moment, as it has been supported by at least two State governments, recommended in a Senate inquiry into industrial deaths and pragmatically recommended by the Boland Review. In many ways these WHS-related reviews are feeding off each other.
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