The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.
If you needed confirmation that the mainstream media is disinterested in occupational health and safety (OHS) unless there is a disaster or the incident can be narrowly categorised as sexual harassment, bullying or suicide, last week, the Australian Parliament passed important amendments to the Model Work Health and Safety laws. It seems OHS cannot compete with sexual harassment laws (I’m okay with that) or Industrial Relations (or Australia’s wins in the World Cup).
On December 1 2022, Workplace Relations Minister Tony Burke‘s Second Reading Speech included the removal of insurance policies that could pay for financial penalties awarded against OHS breaches and a pledge to put Industrial manslaughter back on the national agenda.
The Australian Government is set to introduce new workplace sexual harassment laws and obligations through Parliament. In The Saturday Paper on November 5 2022 (paywalled), businesswoman Lucy Hughes Turnbull wrote a short article that reminds us of the purpose of the new laws.
“The whole idea of the Me Too movement and the Respect@Work report was to make workers safer. So it was surprising that the politicians who resisted some of the Jenkins recommendations are often the ones most willing to drape themselves in worker safety gear. Protection from abuse and harassment is another key aspect of safety, like guardrails and fire exit signs. Now the legal system recognises it as such.
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This latest work safety bill is the best gift the parliament could give to mark the fifth anniversary of the global Me Too movement. Together with more paid parental leave and greater access to more affordable childcare, it has been a great few weeks for women and indeed all Australians.”
In 2019, the head of SafeWork South Australia, Martyn Campbell, told this blog that he agreed that government departments should be exemplars in occupational health and safety and that “we should be the pinnacle of safety professionalism and leadership”. It should not be a surprise to hear the head of an OHS regulatory agency claim this, but the origin of the question to Campbell stemmed from a review of Victoria’s OHS Act by Chris Maxwell QC in 2004.
Given the recent OHS-related scandals in various jurisdictions, which have often been related to the management of the coronavirus pandemic, it is worth reminding ourselves of the OHS performance standards that Maxwell advocated for all government departments and agencies.
Journalist Ben Schneiders has written an excellent book about wage theft in Australian businesses – where it came from, why it persists, and the inequality it generates through institutional and wilful exploitation. What is missing is a chapter, at least, on the occupational health and safety (OHS) contexts of this exploitation. OHS is touched on but is also missed when discussing some of the pay and working conditions.
Oz Minerals Managing Director Andrew Cole is reported in today’s Australian Financial Review (paywalled) saying:
“.. there had also been an ‘‘unacceptable’’ trend in workplace safety during the past three months at the mines, but he was confident the trend had stabilised.”
This is likely to have come from the company’s September 2022 Quarterly Report and webcast released yesterday.
The company’s one-day “stop” for safety consultation is admirable, but some of the discussion reported in other media implies that an older-style attitude to worker safety persists.
Almost all the government agencies that regulate occupational health and safety (OHS) in Australia have been subjected to various independent inquiries. These inquiries have been a mix of political, financial and cultural. The review of SafeworkSA closes submissions at the end of this week. SafeWorkNSW is to have a six-month audit (paywalled) of its performance by the NSW Auditor-General, according to Adele Ferguson in the Sydney Morning Herald.
The Auditor-General is yet to release a media statement on the audit, but Ferguson identifies several serious concerns.
