“Put them in jail!” – Industrial Manslaughter laws are not that simple

Christy Cain at ALP National Conference

Several people were surprised when Industrial Manslaughter laws popped up on the agenda on Day 3 of the National Conference of the Australian Labor Party (ALP) this week.  To ALP members from Western Australia and the Construction Forestry Mining Maritime and Energy Union, Christy Cain and Thomas French put a resolution on the issue to the Conference, which the delegates endorsed.

Most of the media who mentioned this resolution, and it was not many, focused on Cain’s urging of the delegates to

“Kill a worker, go to jail”.

Even though getting the audience to chant was colourful,  and the minute’s silence important, the discussion around Industrial Manslaughter laws was more nuanced.

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OHS is often about broken promises

Occupational health and safety (OHS) is often about promises.  Employees trust their bosses to provide them with a job and the employer promises to provide a workplace that is as safe as possible.  There are also contractual policies which formalise OHS relationships between client and contractor.  But OHS is more often about those more personal promises and expectations between the boss and the worker.

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What is the “All Victorians Infrastructure Fund”?

ON 22 November 2018, two days before the State Election, the Secretary of the Department of Treasury and Finance released a document called the “Release of costing of election commitment“.  Most of the media attention was on the removal of a self-imposed “debt cap” by Treasurer, Tim Pallas, but there is an interesting footnote that seems to involve using some of WorkSafe Victoria’s premium income as a dividend to fund infrastructure.

Attachment A – “Summary of Labor’s 2018 Election Commitments” – lists the following table (figures are in millions):

Footnote 3 says:

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Two exemptions to Victoria’s Industrial Manslaughter laws

Every industry sector should have its own occupational health and safety (OHS) conference.  This allows for specific OHS topics to be presented but also provides for a broader context. The recent conference conducted by the Victorian Branch of the Australian Nursing and Midwifery Federation (ANMF) was a great example.

So close to a State election and in the lead-up to a Federal election it was not surprising that the trade union movement’s Change The Rules campaign gained attention, as did the push for the introduction of Industrial Manslaughter laws, in the presentation by Dr Paul Sutton.

The main points of his presentation are familiar and have been reported on previously but this presentation included news about two exemptions to the laws which may raise uncomfortable questions. 

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AI Group responds to media report on apprentice’s death

The Australian Industry Group and its Chief Executive Innes Willox have been criticised on social media in Australia today as a result of an ABC report into a workplace fatality that occurred during the AI Group’s apprenticeship program.  The criticism has come as the AI Group is very active on matters of occupational health and safety policy to its members and government

The AI Group provided SafetyAtWorkBlog with this statement concerning the report: Continue reading “AI Group responds to media report on apprentice’s death”

Many safety lessons from one workplace death

The Coronial Finding in to the death of Jorge Castillo-Riffo is an important occupational health and safety (OHS) document. It discusses, amongst other matters,

  • A curious attitude from SafeWorkSA
  • The role of Safe Work Method Statements and risk assessments
  • Using the right plant for the right task
  • Contractual relationships
  • Construction methodology.

More issues than these are raised in the Finding and I urge all OHS people to read the document and reflect on the OHS management in their workplaces.

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Don’t be tough, be effective

Coal Mine Hydraulic Excavator and Dump Truck

On 31 October 2018, the Queensland Government got tough on safety in its mining and resources sector.  But how tough is tough? A press statement says that

“Parliament today backed maximum penalties close to $4 million for mining companies that fail to keep their workers safe. As well, mines inspectors will be able to hit mine operators with tough new fines of up to $130,550 without taking them to court.”

For those of us who do not have $4 million to cover prosecutions over occupational health and safety (OHS) breaches this may indeed sound “tough” but recent inquiries and reviews into OHS enforcement question whether financial penalties are the most effective way of improving workplace health and safety.

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