accountability – Page 46 – SafetyAtWorkBlog

Scissor Lift death findings clarify the context of OHS

If all you knew about occupational health and safety (OHS) was what you read in the physical or online newspapers , you would not know anything about safety management – or maybe anything positive. It takes being involved with managing safety in the real world to understand how OHS operates in the real world. But even then we only learn from our own experiences.

The 92-page coronial finding into the death of Jorge Castello-Riffo, released last week, is a tragic and detailed case study of OHS in the real world and should be obligatory reading for OHS professionals and those trying to understand the push for increased OHS, penalties and corporate accountability. Below I look at just one section of the Coronial Findings in this article – the Coroner’s responses to a set of proposed recommendations.

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Industrial Manslaughter is more than just a law, it is a cry for justice.

For those Australians who are watching the latest political push for Industrial Manslaughter laws, it is important to remember that the activity has a history that extends over a decade. Many of the current arguments for and against have been addressed previously. In August 2004, the earlier iteration of this blog, Safety At Work magazine, printed a special edition on “The Australian Industrial Manslaughter Debate”. Below is an edited version of my Editorial in that magazine. A longer article on the issues raised in that edition is available elsewhere in the SafetyAtWorkBlog.

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The challenge of Crown vs Crown prosecutions

Recently the West Australian Department of Corrections was prosecuted over the work-related death of an inmate. It was fined $100,000 plus costs over the death of a remand prisoner crushed between a truck and a wall at Hakea Prison in 2015. The WorkSafe WA media release provides a level of detail rare in these sorts of incidents and it is recommended reading.

The incident and the prosecution raise enforcement issues that would be familiar to many occupational health and safety (OHS) regulators but also to businesses.

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Liability insurance products get some serious criticism

In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were “referred to the WHS Board” for further consideration (footnote page 3).

On 17 October 2018 the Senate Education and Employment Committee’s report into industrial deaths similarly recommended the Commonwealth, State and Territory governments:

“amend the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;” (Recommendation 21, page xi)

Given the

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Bad bosses

Benjamin Artz, Amanda H. Goodall and Andrew J. Oswald determined that

“There are no published papers — to our knowledge — that assess in an internationally consistent way the rarity or commonness of ‘bad bosses’.”

So they undertook there own research, published under the title “

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Families get a good deal from the Industrial Deaths inquiry

Will the recommendations of the Senate Committee’s inquiry into industrial deaths benefit relatives of deceased workers? Yes, mostly.

It seemed like relatives gained greater access to this Senate Committee than in other inquiries. Some public hearings were held with only relatives presenting. This is a major change. The transcripts of the 2012

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Politics on display in final report of Australia’s Industrial Deaths inquiry

The Australian Senate inquiry into Industrial Deaths has released its findings in a report called “They never came home—the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“. For those who have followed the inquiry, there are few surprises but the report presents big political challenges, particularly as a Federal Election must occur no later than May 2019.

It has been increasingly common for such Senate reports to include, not necessarily, a Minority Report, but an alternative perspective on some issues. Sometimes these reports show dissent in the Committee but more often than not these are statements that are aimed

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Category: accountability

Scissor Lift death findings clarify the context of OHS

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Industrial Manslaughter is more than just a law, it is a cry for justice.

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The challenge of Crown vs Crown prosecutions

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Liability insurance products get some serious criticism

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Bad bosses

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Families get a good deal from the Industrial Deaths inquiry

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Politics on display in final report of Australia’s Industrial Deaths inquiry

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