The Victorian Government has yet to respond to a report on occupational health and safety (OHS) sentencing and penalties that it received over the Christmas period. The longer it takes to respond to the Sentencing Advisory Council recommendations, the more delayed the action required to improve the systems, which can deter employers from ignoring their OHS obligations and the longer unnecessary risks to work health and safety persist.
In 2018, before the introduction of Industrial Manslaughter laws, Dr Gerry Ayres of the CFMEU and I spoke about the importance of deterrence. In that interview, he pointed out that financial penalties fail as deterrents for several reasons:
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