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.
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.
One of the prominent occupational health and safety (OHS) lawyers in Australia has started a podcast. The first episode discusses Industrial Manslaughter.
Steve Bell of law firm Herbert Smith Freehills recently published the Safety Podcast, but the title is a bit of a misnomer as, judging by the first episode, the discussion is more about safety law than safety. Regardless, the podcast adds to our state of OHS knowledge.
For the first time in many years, the Safety Institute of Australia’s National Conference heard from two prominent industry association leaders, Mark Goodsell from the Australian Industry Group (AiGroup) and James Pearson, CEO of the Australian Chamber of Commerce and Industry (ACCI). The absence of a representative of the trade union movement to “balance” some of the comments was a weakness of the conference but perhaps unavoidable a few days after a very busy Federal Election campaign. Both conference speakers addressed OHS issues and the topic-de-jour, Industrial Manslaughter laws.
So, the Australian Labor Party (ALP), the political arm of the trade union movement, the friend of all Australian workers, failed to win government from the Conservative parties. Occupational Health and Safety (OHS) improvements are likely to be left to the magnanimity of the employers, Persons in Control of a Business or Undertaking (PCBUs) and those ideologically opposed to regulatory impositions.
But does the OHS future under Conservative governments mean that workers will be worse off? Sadly, Yes, if the experience of the United States is anything to go by, as illustrated in the analysis of the “Laissez-Faire Revival” by Thomas O. McGarity.
On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.
The Age newspaper reports
“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”
and that
“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”
Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.
Some of the Australian media on May 8 2019 began quoting the current Prime Minister, Scott Morrison, over his concerns about the “green tape” of environmental laws and something called “the expansion of union “red tape””. (Nine Australia’s papers, paywalled) Crikey’s Bernard Keane asks “Does Australia really have a ‘green tape’ crisis?” (paywalled) and proceeds to answer, No we don’t. But where there is Green Tape, the Red Tape of occupational health and safety (OHS) follows.
What Morrison means by “union red tape” is unclear. The newspapers included this quote from him: