accountability – Page 46 – SafetyAtWorkBlog

Industrial Manslaughter laws explained to Senate inquiry

The trade union push for Industrial Manslaughter laws in Australia continues as the various State and Federal elections loom. Last week the Senate Inquiry into Industrial Deaths heard the clearest explanation of the need for these laws for some time as Dr Paul Sutton of the Victorian Trades Hall Council went beyond the usual chants of “what do we want? when do we want it?”

Sutton’s proposal for the Victorian laws differs from Queensland’s by taking inspiration from England to pierce the corporate veil to the senior manager level rather than leaving it at the top executive level.

SafeWorkSA described as dysfunctional and immature

South Australia’s Independent Commission Against Corruption (ICAC) conducted its last public hearing into SafeWork SA on August 31 2018. The Counsel Assisting, Holly Stanley, made several recommendations for improving SafeWork SA’s performance and governance, including body cameras for inspectors. Rather than wrapping up the inquiry with this public hearing, Commission Bruce Lander has asked for further submissions about these latest recommendations.

Stanley clearly stated the conditions from which she was making her recommendation such as resource restrictions, previous

Deaths inquiry asks the hard questions

This week in Australia, the Senate Education and Employment References Committee inquiry into industrial deaths conducts public hearings in three States in three days. Transcripts will be available shortly but it is worth looking at the record of the last public hearing from August 7 2018 to see the type of questions the panel are asking and how some of Australia’s business and occupational health and safety organisations are responding.

Mark Goodsell of the Australian Industry Group (AiGroup) seemed to struggle at times but this may have been partly due to his choice not to repeat the content of the AiGroup submission and instead comment on some of the other submissions. Goodsell points out:

“We made the point in our submission, and a number of the other submissions also made the point, that industrial deaths have decreased in absolute terms in Australia over the last decade or so. As a proportion of the workforce, that’s a broad pattern across all states and most industries—in fact, all industries but not all to the same degree. That’s not widely acknowledged in a lot of the submissions. It is in the employers’ submissions but most of the other submissions appear to either not acknowledge that or just jump over that.” (pages 36 & 37)

This Senate Committee is looking at industrial deaths so the focus on fatalities is understandable.

The banks are having their culture changed for them and OHS needs to watch and learn

Occupational health and safety (OHS) is easy. Change is hard. OHS can identify workplace hazards and risks but it is the employer or business owner or Person Conducting Business or Undertaking (PCBU) who needs to make the decision to change. All of this activity occurs within, and due to, the culture of each workplace and work location. OHS lives within, and affects, each company’s organisational culture but a safety subculture is almost invisible, so it is worth looking at the broader organisational culture and there is no better show, at the moment in Australia, than The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Banking Royal Commission).

Public submissions are littered with references to culture but it is worth looking more closely at what one of the corporate financial regulators said in a submission in April 2018. The Australian Securities and Investment Commission (ASIC) wrote:

People Risk = OHS for Human Resource professionals

The Governance Institute of Australia hosted a discussion about “Corporate culture and people risk — lessons from the Royal Commission”. The seminar was worthwhile attending but there was also moments of discomfort.

The reality was that The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was not discussed in any great detail as it was treated as a ghost hovering behind the discussion but not a scary ghost, almost a ghost of embarrassment.

And it seems that “People Risk” is what the Human Resource (HR) profession calls occupational health and safety (OHS) when it can’t bring itself to say occupational health and safety.

Front page OHS article gives half the story

Years ago I was advised how to read a newspaper article – the first two paragraphs and the last. The exclusive front page article in The Australian ($ paywalled) on August 15 2018 about occupational health and safety (OHS) management at Sydney’s light rail construction project is a good example of what journalists choose to write and what they are obliged to write.

“A pedestrian had ribs broken, workers have been run over and fallen in holes, and there have been near-misses that could have caused deaths or serious injuries in hundreds of safety breaches on the Sydney CBD light rail project over the past 18 months.

The extraordinary catalogue is detailed in CBD and South East Light Rail Advisory Board minutes obtained by The Australian.”

and

Stop whingeing and manage OHS properly

The Australian Securities Exchange (ASX) regularly updates the Corporate Governance Principles and Recommendations administered by its Corporate Governance Council. The Council has recently closed submissions on its consultation on the Fourth Edition. The submissions are worth looking at to see how occupational health and safety (OHS) fairs, and it is also worth looking for mentions of the “social licence to operate”.

The 3rd edition of the principles provides examples of what it means to be a “good corporate citizen” (page 19),

Category: accountability

Industrial Manslaughter laws explained to Senate inquiry

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SafeWorkSA described as dysfunctional and immature

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Deaths inquiry asks the hard questions

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The banks are having their culture changed for them and OHS needs to watch and learn

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People Risk = OHS for Human Resource professionals

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Front page OHS article gives half the story

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Stop whingeing and manage OHS properly

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