The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context.
In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as
“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”
The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.
It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.
Long working hours and the billable hours structure received some attention in the prominent business newspaper. the Australian Financial Review, on November 11,2023. Unsurprisingly the article, by Edmund Tadros, about former Sex Discrimination Commissioner, Elizabeth Broderick has garnered attention in the business social media. The article reinforces the unsafe nature of the dominant management practices in white-collar workplaces.
South Australia’s Industrial Manslaughter Bill is being negotiated in its Parliament. New South Wales’ version is in development, and Tasmania has said it does not want to be left out, so the government has flagged its intention to have Industrial Manslaughter (IM) laws. Each politician stresses the importance of these laws to deter employers from doing the wrong thing and causing the death of a worker. However, there are serious concerns about the intended deterrent effect when other occupational health and safety (OHS) measures have been shown to be more effective.
With the continued expansion of occupational health and safety (OHS) legislative frameworks, have we gone a step too far to enable employers, particularly small- to medium-enterprises (SMEs), to operationally achieve and maintain compliance? With the recent introduction of psychological health requirements across Australia, this question has never been more important.
It’s National Safe Work Month in Australia this October. This year’s theme is SafeTea** emphasising the importance of involving everyone in work health and safety (WHS) discussions by encouraging workplaces to have a safety chat over a cup of tea. This started me thinking about safety conversations. Is the Safety Moment mentioned at the start of every meeting ritual impactful, engaging, behaviour changing or is just eroding safety credibility?
Ross Gittins is a prominent Australian economics journalist. In The Age on September 20, 2023, he wrote an article about the recent spate of corporations being prosecuted and penalized for breaking the law. Many of his points can also relate to companies and executives breaking occupational health and safety (OHS) laws.
Continue reading “Toothless enforcement”
