On March 8, 2023, Giuseppe Carabetta, Associate Professor, University of Technology Sydney, wrote about how the current dispute between Politician Monique Ryan and her former Chief of Staff, Sally Rugg, could open the door to lots of legal action through the courts and the Fair Work Commission. Sadly occupational health and safety (OHS) does not feature, but let’s look at the industrial relations context first and consider what is meant by “reasonable”.
In December 2021, five children died, and others were injured when an inflatable jumping castle lifted into the air after a strong gust of wind. WorkSafe Tasmania continues to investigate the incident, as is the Tasmanian Coroner. Recently the Coroner postponed the inquest because WorkSafe would not provide documents essential to the process, prolonging the grief of the families and the local community who want, and need, answers.
A recent article by Aurora B. Le, Doug Trout, Ann Marie Dale, and Scott Earnest is a good introduction to the psychosocial hazards faced by construction workers in the United States. It is typical of many articles written about work health and safety generally – good information but with weak or timid solutions.
An employment dispute over working hours has entered the mainstream media as it relates to the office of one of the crossbench independent members of parliament, a favourite target of some of the media. The dispute over the meaning of additional reasonable working hours illustrates several occupational health and safety (OHS) issues.
This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.
New South Wales may follow if the Labor Party wins the March 2023 election
Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.
Continue reading “Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]”Pam Gurner-Hall is no stranger to this blog. Recently she appeared in an article by the Australian Broadcasting Corporation (ABC) about access to information from South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA.
SafeWorkSA has been under considerable scrutiny for the last few years. A “root and branch” review conducted by John Merritt is the latest inquiry. [Note: this article was written before the release of the Merritt report and the Government’s interim response last weekend. More on that report shortly]
Gurner-Hall’s concerns seem more about the government’s response to the inquiry and the application of Legal Professional Privilege (LPP). She is quoted saying:
Australia’s newspapers have recently reported on the moves by the Federal Government to review the safety and working conditions of the country’s truck drivers. As expected, The Australian newspaper is painting this as the Government paying back its ideological and financial backers – the trade unions – and the resurrection of the Road Safety Remuneration Tribunal (RSRT), even though the Government denies this will happen.
Occupational health and safety (OHS) sits behind some elements of the debate. As with most things OHS, it will not be a game-changer in a discussion over pay rates and minimum standards, but it is a serious consideration, and deservedly so.
![Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]](https://safetyatworkblog.com/wp-content/uploads/2023/02/cover-of-journal_of_work_vol1_no1_edited.jpg)
