Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention.
ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the episode was very familiar, but the sentencing inquiry was intriguing.
Last week, a book called Setting Relations Right in Restorative Practice by David B Moore and Alikki Vernon (pictured above, second and third from the left, respectively) was published. The launch seemed full of the authors’ friends and colleagues, as well as social workers. Although Restorative Justice has been applied a little bit to resolve workplace conflicts, the discussion was dominated by examples in youth detention, correctional facilities, health care and public sector organisations. These are important industries, but what about the private sector in which most people work?
I asked the authors for some perspectives on workplaces outside of the types already discussed?
Below is the response from Moore and Vernon.
On February 13th, 2024, the International Technical Committee (ISO TC 283) responsible for the design and development of ISO 45004:2024 OH&S Performance Evaluation reported that the Final Draft International Standard (FDIS) ballot yielded 54/55 supporting votes, equating to a very strong 98% international ballot approval.
ISO 45004:2024 is intended to help organisations to effectively monitor, measure, analyse and evaluate occupational health and safety (OHS) performance. OHS performance evaluation includes the organisation’s processes to assess the adequacy of activities expected to achieve intended results. OHS performance is normally evaluated using a combination of processes and sources of information such as incident investigations, inspections, audits, qualitative and quantitative indicators, culture surveys and interviews.
The new standard was published last week.
{The is a guest post by David Solomon; details are below. Some grammar changes have been applied, and hyperlinks added by SafetyAtWorkBlog]
Continue reading “New international standard for evaluating OHS performance”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.
