accountability – Page 29 – SafetyAtWorkBlog

Forklifts, penalties and Industrial Manslaughter

A lot of occupational health and safety (OHS) people, including lawyers, were watching the court case involving Brisbane Auto Recycling (BAR) for the Industrial Manslaughter sentence, but there is a more important, practical lesson from this case involving forklifts and the positive duty of care.

One Queensland newspaper reported on June 11. 2020 stated that the BAR has been fined $3 million and the two company directors, both in their twenties, received 10 months imprisonment, wholly suspended. (The judgement is not publicly available at the time of writing)

According to the prosecution case the incident involved

“….. a worker engaged by BAR … was struck by a forklift which was being reversed by another BAR worker…”

and

“BAR had effectively no safety systems in place. It has no system to ensure the separation of pedestrians and forklifts, which were commonly in the same work areas, and it had no system to ensure that the workers who drove forklifts were appropriately qualified and supervised. It is principally through those failures that BAR caused the death of Mr Willis.”

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

All jobs are now more dangerous

The COVID19 pandemic has shone a spotlight on the government agencies that regulate and enforce occupational health and safety (OHS) laws. These regulators are not the lead agencies in pandemic control but as some countries relax lock-down protocols and people return to work in changed work environments, the role and actions of the OHS regulators are being re-evaluated.

Sarah O’Connor, in the Financial Times, opened her 26 May 2020 article brilliantly with

” Covid-19 has upended our notion of what a dangerous job looks like”

Office were often dismissed as low-risk workplaces with many site safety walks, if they happened, reporting on torn carpet and other similar hazards. That way of assessing risk should have been replaced, or supplemented, with assessments of the psychosocial risks of stress, bullying, a harassment, excessive workloads and many more harmful practices. So, offices may have a low risk of traumatic physical injuries but a higher level of risk of psychological harm. On top of this reassessment comes an infection risk that can be spread by workers showing no symptoms. Office-based risk has increased again and made the workplace itself dangerous.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Victoria’s Workplace Manslaughter laws are a misdirection

On July 1, 2020, Victoria receives the Workplace Manslaughter laws that it missed out on by a bee’s whatsit in 2002. Premier Daniel Andrews will complete another election pledge and will be seen as a champion for Victoria’s workers. The Workplace Manslaughter laws will provide some bereaved relatives with comfort and a belief that bad employers will be punished for neglecting their occupational health and safety (OHS) duties to provide safe and healthy work environments. Punishment is possible, but unlikely.

The first thing that Victorians need to understand is that Workplace Manslaughter laws are not about OHS, they are about politics. It is no coincidence that both Queensland and Victoria’s Workplace Manslaughter laws emerged during election campaigns. Both branches of the Australian Labor Party (ALP) needed to say something about workplace relations that did not involve the hotbed of industrial relations, especially when so much IR change would bring in National politics.

OHS allows people to talk about IR without the trade union politics. OHS is not about money, it is about quality of life and who, in politics or elsewhere, will say that deaths at work are an acceptable consequence? The ALP leaders were on a winner and were able to take some moral high ground and criticise business groups on an issue against which business leaders could not argue.

To understand Industrial Manslaughter, look at the politics

On May 20, 2020 Industrial Manslaughter became an offence applicable to Queensland’s mining and resources sector, sometime after the offence was applied to all other Queensland businesses. Industrial Manslaughter (IM) laws have always been as much about politics as they are about penalties, deterrence and occupational health and safety (OHS).

Some of the politics is shown by the responses from Queensland business groups (sounding like spoken through gritted teeth) but to really understand these laws, it is worth looking at the Second Reading of the omnibus Bill that included the IM amendments as politicians in several other Australian jurisdictions will face the same issues. It is also useful for OHS people to understand the political and legislative context of the penalties their employers may face.

Also, in the last week of May 2020, the first company to be successfully prosecuted under the IM laws will be sentenced, Brisbane Auto Recycling. The company’s two directors have pleaded guilty to reckless conduct and will also be sentenced.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Work that is meaningful, secure and safe

Occupational health and safety (OHS) is integral to how work and job should be designed in the post-COVID19 world, but you wouldn’t know it from the current discussions in the media. On May 13, 2020, the day after a major economic statement from Treasurer Josh Frydenberg, Jennifer Westacott, Chief Executive of the Business Council of Australia, told ABC Radio that:

“…. there’s some pretty sobering numbers that the Treasurer gave yesterday and fundamentally I think we’ve all got to come back to basics here. This is about people’s lives and so what we have to do, as the kind of leadership dynamic, is to focus on getting people back to work and getting them into secure and meaningful work.
emphasis added

It is not unreasonable to add safety to that “secure and meaningful work”.

OHS fits into this phrase in many ways, but one of particular note is job security and its links to mental health, especially as mental health has been a policy priority repeatedly identified by Prime Minister, Scott Morrison, and others.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

If staff are “going to hit the wall”, redesign the wall

On May 11 2020, the Australian Financial Review’s back page ran an article (paywalled)about how “corporates” are becoming aware of mental health risks due to the COVID19 disruption. It is a good article but also one that reveals the dominant misunderstanding about mental health at work and how to prevent it.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Is it OK to lie to your employer while working from home?

[Guest Post] By Simon Longstaff (reproduced with permission from Crikey)

Each week, The Ethics Centre’s executive director Dr Simon Longstaff will be answering your ethics questions [in Crikey]. This week:

“ My employer sent me a questionnaire designed to test if my home working environment meets basic standards. If I’d answered truthfully I would have ‘failed’ the test. But what’s the point in telling the truth when I have to work at home in any case? Was it wrong to lie on the form?”

Although this ethical issue seems to fall on you — as the person receiving the survey — it actually starts with your employer’s decision to request this information in the first place.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help

Already a member? Log in here

Category: accountability

Forklifts, penalties and Industrial Manslaughter

Like this:

All jobs are now more dangerous

Like this:

Victoria’s Workplace Manslaughter laws are a misdirection

Like this:

To understand Industrial Manslaughter, look at the politics

Like this:

Work that is meaningful, secure and safe

Like this:

If staff are “going to hit the wall”, redesign the wall

Like this:

Is it OK to lie to your employer while working from home?

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Share this:

Like this: