Questionable deterrence value in Industrial Manslaughter penalties

New South Wales is the latest Australian jurisdiction to introduce a penalty for Industrial Manslaughter (IM) in its occupational health and safety (OHS) laws. One of the primary aims of significant penalties like IM is to deter others from making similar negligent decisions related to workplace health and safety. But deterrence is a fickle beast.

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Is WorkSafe Victoria changing its focus?

Two years ago, I noted that WorkSafe Victoria did not mention employers in an awards night speech. Since then, it seems “employers” has been omitted regularly from various calls for changes in occupational health and safety (OHS); however, WorkSafe may have turned a corner last week.

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OHS needs to face some moral questions

Regular readers may have noticed that I want to push the occupational health and safety (OHS) profession to think deeper and more broadly about their usually chosen career’s political and socio-economic context. The reasons for OHS’ overall lack of success in making work and workplaces safer and healthier are not only within those locations and activities but also in the limitations that many OHS people place on themselves.

More and more, I look outside the existing OHS research and trends for explanations of why OHS is treated shabbily by employers and corporations and, sometimes, the government. A new book on Growth by Daniel Susskind is helping in this quest. Below is an extract from the book that, I think, helps explain some of OHS’ predicament.

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International Conventions are attractive but largely academic

Last week, Australia’s Parliament released an information paper on a “National Interest Analysis” of International Labour Organization Convention No. 187: Promotional Framework for Occupational Safety and Health Convention adopted in Geneva on 15 June 2006. Does this mean anything to the local occupational health and safety (OHS) profession? Yeah, Nah, Maybe.

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UK’s fit note initiative is a short-term attempt at a fix

On April 19 2024, United Kingdom’s Prime Minister Rishi Sunak made a major speech about welfare reform and mental health. The UK has a strong tradition of public health support through its National Health Service, which always seems to be underfunded and under-resourced but holds huge cultural and medical significance in the community. Mental ill-health has increased enormously over the last decade, as it has in countries like Australia, which is currently undergoing significant industrial relations reforms. However, what is missing from the PM’s speech and some of the subsequent analysis is that work is controlled by employers, so what does PM Sunak expect employers to do to help?

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Is Business really a punching bag?

Occupational health and safety (OHS) cannot afford to be anti-business. No business = no jobs = no need for OHS. And business groups should not be anti-OHS, yet it often feels that they are. A recent opinion piece by Bran Black of the Business Council of Australia argues that the success of businesses in Australia is central the economy. This is typical of the type of articles that appear in the business-friendly media as part of “soft” lobbying of the federal government prior to the May Budget.

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An economics perspective on overwork

As Ingrid Robeyns’ Limitarianism book hits the Australian bookshops, an earlier examination of the role of excessive profits of “affluenza” from 2005 is worth considering. How does this relate to occupational health and safety (OHS)? The prevention of harm and the reduction of risk are determined by employers deciding on what they are prepared to spend on their workers’ safety, health, and welfare. Employers are looking desperately for effective ways to meet their new psychosocial harm prevention duties. Economists identified strategies in 2005.

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