The political cycle of OHS irrelevance

So, the Australian Labor Party (ALP), the political arm of the trade union movement, the friend of all Australian workers, failed to win government from the Conservative parties. Occupational Health and Safety (OHS) improvements are likely to be left to the magnanimity of the employers, Persons in Control of a Business or Undertaking (PCBUs) and those ideologically opposed to regulatory impositions.

But does the OHS future under Conservative governments mean that workers will be worse off? Sadly, Yes, if the experience of the United States is anything to go by, as illustrated in the analysis of the “Laissez-Faire Revival” by Thomas O. McGarity.

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New structure needed for Australia’s OHS policies

A day out from Australia’s election and the discussion has been sidetracked by the death last night of prominent Australian Prime Minister, Bob Hawke, but occupational health and safety (OHS) continues to be mentioned obliquely by some of the candidates. The other day, Bill Shorten’s OHS mentions were reported on. Prime Minister Scott Morrison and one of his Ministers, Michaelia Cash, also made mention of safety and OHS overnight.

Alice Springs, AUSTRALIA – Sep 29, 2017: 3 trailer Australian road train driving along Stuart Highway near Alice Springs in Northern Territory, Australia

Regardless of who wins tomorrow’s election, inspirational leadership is needed to apply a revised structure on how the government influences and regulates OHS, especially in the transport sector.

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WA Budget

Western Australia’s transition to harmonising with the Model Work Health and Safety laws is progressing, according the recently released Budget Papers for 2019/20.

Volume 1 of Budget Paper No 2 lists some significant issues for the Government and specifically the Department of Mines, Industry Regulation and Safety:

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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.

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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.

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Audio & Video Update

A week out from Australia’s Federal Election and a major national workplace health and safety conference in Sydney, I produced a video update and a podcast about some recent SafetyAtWorkBlog articles, some new books and what’s coming up in this blog.

If you are able to attend the #safetyscape conference next week, chase me down for a selfie. upload it to Twitter or Instagram and receive a month’s free subscription to the SafetyAtWorkBlog.

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