The Ballarat Courier is reporting that the prosecution of Pipecon over the deaths of two workers from a trench collapse in March 2018 has been delayed again. It seems the reasons for the delay include renovation works on the courthouse and the workload of the Court. Judge Gerard Mulally‘s decision came the same week as a delegation of bereaved relatives attended Federal parliament in Canberra.
Category: accountability
The black sheep of safety leadership
Western Australia’s Industrial Manslaughter (IM) laws are now in effect. The same arguments for and against were posed in Parliament and outside as they were in Queensland and Victoria, and the Australian Capital Territory well before that. The IM laws will face the same institutional hurdles to application and offer the same, nominal, deterrent effect.
But WA also prohibited insurance policies that cover the financial penalties applied by the Courts. Such policies may make good business sense in managing risk, but they also remove the pain and deterrence intended in the design and application of Work Health and Safety laws.
More workplace bullshit, but in a good way
Bullshit is starting to gain some serious analysis with four researchers recently publishing “Confronting indifference toward truth: Dealing with workplace bullshit” in Business Horizons. One attraction of this research paper is its focus on workplace business communications and conversations, but it is almost impossible to read it without thinking of the recently ousted United States President and how lies and “fake news” have dominated international political discourse.
Another attraction is that it is not just an analysis but one that also suggests pathways to detect and reduce the bullshit. What I was unprepared for was to start to feel sympathy for the bullshitter.
Accusations of cover-up at Senate Estimates
Safe Work Australia also attended Senate Estimates late last month. COVID19 is an unavoidable focus but we learnt that the latest fatality report will be released early this month, obtained more details on the response to the Boland Report, heard more about the gig economy but the climax was accusations of a coverup with Senator Deborah O’Neill (ALP) saying:
“Minister Porter… influenced Safe Work Australia—how independent; running for cover!”
page 65, Hansard
What did we learn in Senate Estimates last week?
Australia has a process of accountability where Ministers and Heads of Government Departments and Authorities are required to answer attend Senate Estimates. Few people outside of the Canberra bureaucracy pay much attention to the occupational health and safety (OHS) information provided. Most media pay attention to disputes and statements that have a more general political appeal, but there is important information about workplace health and safety, such as an update of the progress on Marie Boland’s recommendations or the role and activity of Safe Work Australia (SWA).
Truck driver death is relevant to all
Well before the push for Industrial Manslaughter laws was the occupational health and safety (OHS) offence of “reckless conduct”. A media report from the LaTrobe Valley Express recently showed how one employer’s neglect of basic safety practices and processes resulted in the death on 21-year-old Damien Taifer.
What the judge said about Dreamworld, other than the penalty
Some readers raised eyebrows on the article titled “No lessons in the Dreamworld penalty” but the point was that the occupational health and safety (OHS) due diligence and governance lessons were there months ago following the Coroner’s damning findings.
Most of the media’s attention has been on the record size of the financial penalty but looking at Judge Dowse’s decision in the case provides a better understanding of that penalty, the breaches of the safety legislation and the opinions of the judge.