The pursuit of Premier Dan Andrews and the Victorian Government for Industrial Manslaughter reached a frenzy in Parliament on September 4 2020, when Liberal Parliamentarian Tim Smith expressed his opposition to the extension of Victoria’s state of emergency. His florid speech masked his principal, and admirable, aim, to hold the Government accountable.
Most of the frustration of the manufacturers of quad bikes is aimed at the Australian Competition and Consumer Commission (ACCC) for imposing new safety requirements. However, another independent assessment of the evidence and the Australian controversy recently released its findings.
If prominent Australian lawyer, Josh Bornstein does not like something, it’s worth looking more closely at it. Last week on Twitter, Bornstein scoffed at the suggestion that occupational health and safety (OHS) could be a new approach to preventing sexual harassment in the workplace. He tweeted:
“To all those clamouring to support the idea that sexual harassment should be treated as an OHS issue, I have a simple message: Wrong Way, Go Back”
The OHS and sexual harassment nexus appeared primarily in response to a couple of articles (paywalled) in the Australian Financial Review (AFR) based on a leaked report from the Male Champions for Change (MCOC) organisation. Although the report is not publicly released for another couple of weeks, MCOC (hopefully not pronounced My Cock), proposes consideration of applying OHS laws and principles to sexual harassment.
The full report is likely to discuss the mechanics of this further but the advocacy of OHS is less interesting that the admission that MCOC and other leadership-based approaches to reduction and prevention of workplace sexual harassment have failed.
James Curtin and I have been trying to find time to sit down and talk about occupational health and safety (OHS) and Industrial Manslaughter (IM) laws ever since I interviewed trade unionist Dr Gerry Ayres in 2018. The most recent IM laws have recently passed in Victoria and James and I finally found some time to talk.
Below are the personal and professional points that James made in the interview. The rest of the article contains the full interview.
Ministerial accountability. Occupational health and safety (OHS). Leadership. Industrial Manslaughter. These issues have existed in various combinations in various jurisdictions and discussed by many people. At the moment in Australia, this combination has in relation to COVID19 but some of the discussion contains tenuous links and some is masking long held political agendas. Much of it harks back to arguments put to the Royal Commission into the Home Insulation Program.
The latest combination came to my attention from an August 19 article in The Australian newspaper (paywalled) written by business journalist Robert Gottliebsen.
Occupational health and safety (OHS) laws are intended to clarify who is responsible for workplace health and safety and to assist those responsible to fulfil their OHS duties. But responsibility is hardly ever discussed in reality except after an incident. A core question at that time is “Who was responsible?”, with the social subtext being “It wasn’t me.” OHS laws have already established broad OHS responsibilities which we accept when we have to, but deny when we don’t.
Clear, defined roles and responsibility are core to our understanding of workplace health and safety and the establishment of a safe and healthy workplace, and also of corporate integrity and productivity.
It is almost impossible for occupational health and safety (OHS) people to stop looking at the world through the risk assessment parameters and hierarchies with which they work every day. The Hierarchy of Control could be applied to the COVID19 pandemic with the important lesson that the elimination of a hazard does not only come from the right purchase but could require months and months of a combination of Administrative Controls, Personal Protective Equipment, and perseverance. This impossibility should not be something that makes OHS professionals shy. It should be embraced and expanded, where possible, beyond the bounds of workplace organisations to societal design and change.
Michael Quinlan has recently written about a different investigative process that could be directly applied to the management of disasters, including COVID19. His research on Ten Pathways to Death and Disaster has been popping up in conferences, books and public speaking, including the OHS advocacy of Dr Gerry Ayers of the CFMEU, and has rarely been more timely.