Steady as she goes in Victoria

The annual Safety Institute of Australia (SIA) breakfast was held at the Melbourne offices of Herbert Smith Freehills (HSF). As has become a tradition, a spokesperson for WorkSafe Victoria was the feature presenter and this year that was the very recently appointed Executive Director of Health and Safety, Julie Nielsen. HSF’s Steve Bell also provided an update on OHS laws and national Work Health and Safety (WHS) changes.

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Exclusive interview with independent WHS reviewer, Marie Boland

SafetyAtWorkBlog had the opportunity to interview Marie Boland earlier this week after the release of her review into Australia’s Work Health and Safety (WHS) laws. Below is an edited version of that interview.

Marie, thanks for talking to me, it’s a terrific report you’ve produced. What was it like to undertake a national investigation of this type, given that it was pretty much you and just a couple of others?

…It was quite daunting at the beginning, but as I said in the introduction and nothing kind of clichéd about it, it was very much a privilege to be able to do it.  And the privilege was enhanced by having the opportunity to go travel all around Australia, and some places I’ve never been before like Tamworth and what it really brought home to me was the diversity of people, workplaces, geography and that these laws are covering and the diversity of people who are dealing with the laws on a daily basis.  So, it was certainly a once in a lifetime experience for me I suppose, and maybe a point in history for the laws as well.

I was very much aware throughout the process of my privilege and being able to do it and also the waves of expectation I suppose and this being the first review of the national laws and also very much aware of all the work that went into creating the laws in the first place.  And certainly, a lot of the people who put so much effort into that work were still obviously very keen on how they were being applied and as I said I was very conscious of respecting all of that as I went around the country.

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New film provides an update on legal action over the 2014 Hazelwood mine fire

An independently-produced documentary, Our Power, about the Hazelwood mine fire had its Victorian premiere on March 2 2019. The Hazelwood coal mine fire was a major workplace disaster than generated substantial public health damage in the neighbour communities in the Latrobe Valley. An early record of the event and its impacts can be found in Tom Doig‘s book The Coal Face.

https://vimeo.com/228587208

The documentary provides unique vision of the fire and how it burned and polluted the neighbourhood for over a month in 2014. As time goes on, the fire is seen more as an environmental disaster as it is workplace incident and speakers in Our Power are certainly confident in linking the fire with the privatisation of State-owned assets and the social injustice that underpins neoliberalism.

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Responses to the Boland Report into Australia’s Work Health and Safety Laws

The mainstream Australian media has almost entirely ignored the release of Marie Boland’s Final Report of the independent Review of Australia’s Work Health and Safety laws. but some of the usual players in the workplace relations sector have responded. Below is a longer responsive from the Australian Chamber of Commerce and Industry (ACCI) but first some simpler responses.

The trade union movement has almost entirely focused on the Industrial Manslaughter recommendations in the Boland Report. As well as a couple of media statements, the Australian Council of Trade Unions released a video on February 25 2019 with Assistant Secretary Liam O’Brien accompanied by the parents of two deceased workers. The first to speak were Tony and Robyn Hampton whose son, Jarrod, died while working for Paspaley Pearls. The second couple were Janice and Mark Murray whose son, Luke, died when parts of a crane that was being unpacked fell on him.

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Boland’s WHS Report recommends a practical update of laws and practices

The Australian Government has released the final report of the Independent Review of its Work Health and Safety (WHS) laws, conducted by Marie Boland. Importantly, the Government has not issued its response yet and, given that there is a Federal Election in a couple of months’ time, is unlikely to. Why have another issue complicate the campaign particularly when that response may have to address Industrial Manslaughter laws which would focus on the accountability of business leaders? This Government has already been bruised on a similar issue through a Banking and Finance Royal Commission.

Regardless of this Government’s future treatment of the Boland Report, the report does progress occupational health and safety (OHS) and the operation of the WHS laws, reinforcing some aspects and challenging other. It is obligatory reading for those interested in OHS in Australia.

(SafetyAtWorkBlog is preparing an exclusive interview with Marie Boland for next week)

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Is OHS a socialist plot?

As the dominance of neoliberalism weakens around the world, people are fearful of what comes next. In some sectors, that fear includes occupational health and safety (OHS). OHS is a business cost, in the same way as every other cost of running a business, but it is often seen as an interloper, a fun-sucker, a nuisance and/or an impediment to profitability. This misinterpretation needs to be contested.

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In an industry where there are no employers, who is responsible for workplace health and safety?

The Victorian Government has been running an inquiry for a little while on the “on-demand workforce”, a term which seems to be a synonym for the gig economy. The government recently extended the deadline for public submissions. This is often a sign that inquiries are struggling for information which is almost an inevitable consequence if you schedule an inquiry over the Christmas/New Year break.

This inquiry has direct relevance to occupational health and safety (OHS) and vice versa.

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