“They did not know what to say, so they stop saying anything at all”

Behind every call for Industrial Manslaughter laws in Australia over the last twenty years has been is a deeply grieving family. We often see relatives on the TV News, standing outside of Courts, or at memorial sites. SafetyAtWorkBlog fears for the mental health of these people who have usually been traumatised by the death and whose experiences in the immediate aftermath and the months afterwards often exacerbates that trauma.

But people have been killed at work for centuries and often the current pain and anger is so raw that we fail to remember those who have already gone through this process because their voices have often been used and discarded.

SafetyAtWorkBlog spoke with several bereaved relatives who have experienced the loss of a relative at work. The focus was on those whose relatives died over a decade ago, to gain a more measured and reflective perspective and in order to understand what may be in the future for all of us who have workers in our families. I responded more emotionally to these stories than I expected and have found it difficult to write about the issues I intended to address, so I have decided to let these interviews and stories stand pretty much by themselves.

The first of these responses is from Jan Carrick. Her 18-year-old son Anthony died in 1998 on his first day at work. One article written in 2003 about Anthony’s death and that of other young workers said this:

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Law Conference challenges everyone

This week Safe Work Australia commenced another round of public consultation on the recommendations of the Boland Report. There was no hint of this at last week’s WHS Prosecution and Enforcement Conference. That conference had no speaker from SWA but it did have Marie Boland as a keynote speaker, and even she made no mention of this next stage of consultation. However, the conference was lively, challenging and revealing.

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What is the problem that Industrial Manslaughter laws are intended to solve?

Marie Boland speaking on Day one

This week Melbourne Victoria hosted a conference about Work Health and Safety Prosecutions and Enforcement. The two-day conference, run by Criterion Conferences, focused on law and the application of that law. Occupational health and safety (OHS) was largely a subtext of the discussion, but it raised its head occasionally.

The audience of around 100 consisted of many OHS regulators and lawyers from most Australian States. This conference profile set the tone of this conference where a lot of legal knowledge and terminology was assumed even though, occasionally and not knowing the audience, a speaker trod old ground with Law 101.

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Language, labels, thoughts and restraints

Carsten Busch is a committed voice for improvement in occupational health and safety (OHS) and our understanding of it. Recently he published a research paper entitled “Brave New World: Can Positive Developments in Safety Science and Practice also have Negative Sides?” (open access). The paper is of note for several reasons, not including the use Aldous Huxley’s 1932 novel “Brave New World” a book about a dystopia that many Australian high school students in the 1970s were required to read.

Dystopian novels suit the study of OHS as the structure often reflects a character with new experiences of an unfamiliar culture or an awakening or realisation of their place in the world. Brave New World fits the former and George Orwell’s 1984, the latter. OHS professionals often step into a workplace culture that is foreign to what they have understood to be the norm. They evaluate the new culture, find it wanting and suggest repairs, if they can. Over time some OHS professionals, often through an epiphany, realise that they have not achieved what they expected and either leave or turn on the OHS discipline. Some OHS professionals are able to blend both these experiences and perspectives.

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Tough but short-term

A toxic fire in an industrial district creates plumes of dangerous smoke billowing up into the air as seen from behind a near by warehouse building, 2019. Credit:Christopher Freeman

Melbourne, Australia has recently suffered several notable factory fires that resulted from unsafe storage of chemical wastes. These fires have resulted in toxic fumes across residential suburbs, environmental damage to local waterways and some injuries to workers. Victoria’s Minister for Workplace Safety, Jill Hennessy has responded by increasing penalties for breaching occupational health and safety (OHS) laws. This is a good short-term measure and indicates to the community that their government is doing something but is not a sustainable prevention strategy.

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Running with scissors in Parliament

The workplace death of Jorge Castillo-Riffo continues to raise important discussions about occupational health and safety (OHS), responsibility and accountability. The South Australian parliament discussed scissor lifts and OHS on June 6 2019. The criticism of the Coroner was concerning and the debate was a sadly typical political discussion but the issue of improving OHS in construction sites has not been forgotten by some South Australia politicians.

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Make sure you are serious about deeper and better thinking on workplace mental health

In October 2018, the Australian Financial Review (AFR) reported (paywalled) on an occupational health and safety (OHS) investigation into overwork and staff fatigue being conducted by WorkSafe Victoria. The AFR has followed this with a report on June 6 2019 (paywalled) by its Legal Affairs Editor, Michael Pelly. It is a positive article about how the law firm, King, Wood & Mallesons (KWM) has improved its OHS performance since October last year. However there is much between the lines that hints at the OHS approach used and how limited it is.

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