SafetyAtWorkBlog “tip-off” line

SafetyAtWorkBlog occasionally receives confidential documents and phone calls about workplace health and safety incidents, investigations and reports. It is time that this process was given some formality in order to encourage transparency on issues while, if necessary, preserving anonymity. To achieve this aim a “tip-off” line has been created by SafetyAtWorkBlog using the Whispli whistleblowing platform. The workplace health and safety information line was launched in March and will continue to be refined over the next few months.

If you have some information related to workplace health and safety that you think would be of interest to SafetyAtWorkBlog readers, please let me know by clicking this gateway.

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Political attack falls flat

There is an animosity between the Liberal Party in Victoria and some of its sympathetic media and WorkSafe Victoria, particularly aimed at the CEO, Colin Radford. Most of this has been played out in the mainstream media, but recently, in the Public Accounts and Estimates Committee (PAEC) of the Victorian Parliament, the Deputy Chair, Richard Riordan (Liberal), slagged off WorkSafe and Radford over Victoria’s Hotel Quarantine Program. His attack was ineffective and showed a lack of understanding of WorkSafe’s enforcement role and occupational health and safety (OHS) laws.

This performance overshadowed some of the points being made by the Minister for Workplace Safety, Ingrid Stitt (ALP), in the hearing. However, she omitted the upcoming imposition of on-the-spot fines.

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The restricted state of knowledge – NDAs and OHS

A core element of the management of occupational health and safety (OHS) is creating and maintaining a “state of knowledge” on hazards and risks. There is an enormous amount of information already available in various OHS encyclopaedias, wikis and bodies of knowledge, but some of the most important information continues to be locked up in non-disclosure agreements and confidentiality clauses. On the issue of workplace sexual harassment, a recently established inquiry in Victoria, Australia, is set to look at the mechanisms that are principally used to protect the reputation of companies and executives but that could also have broader OHS benefits.

Liberty Sanger and Bronwyn Halfpenny are heading a task force designed by the Victorian Government to

“…develop reforms that will prevent and better respond to sexual harassment in workplaces.”

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Industrial Manslaughter or Category 1. Which prevents harm more effectively?

The Communique issued after the May 20, 2021 meeting of the Work Health and Safety (WHS) Ministers says that Australia is not likely to apply an Industrial Manslaughter law nationally:

“While the Northern Territory, Queensland, Western Australia, the Australian Capital Territory and Victoria provided their support for an industrial manslaughter offence, the recommendation did not receive the required majority.”

Some people think that this is no real failure as the Communique also includes “defacto ‘industrial manslaughter’ laws”. Here is the quote that supports that position:

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Selective duty of care being applied by the Australian Government – from the archive

Yesterday’s article on Comcare’s recent charging of two organisation over workplace-related harm to others generated so much interest that I have (re)published an article from 2016 that analysed an earlier, similar issue. Please also read the comments below and consider adding your own.

Australia’s work health and safety (WHS) laws confirmed the modern approach to workplace safety legislation and compliance where workers and businesses are responsible for their own safety and the safety of others who may be affected by the work.  The obligations to others existed before the latest WHS law reforms, but it was not widely enforced.  The Grocon wall collapse in Victoria and the redefinition of a workplace in many Australian jurisdictions through the OHS harmonisation program gave the obligation more prominence but has also caused very uncomfortable challenges for the Australian government – challenges that affect how occupational health and safety is applied in Australian jurisdictions.

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Behind the OHS words in Parliament

On December 11 2020, Senator Deborah O’Neill (ALP) (unsuccessfully) sponsored a motion that, amongst other things, called on the Government to act on the recommendations of the 2018 inquiry in to industrial deaths and the Boland Review, and to introduce Federal industrial manslaughter laws. That last request will probably never occur under a Conservative government, but does not need to for such laws to be introduced across Australia.

It is good that pressure on important occupational health and safety (OHS) matters is maintained, even if the motion was “negatived”. However, perhaps more interesting was a couple of statements that Senator O’Neill’s actions generated, one of which is deconstructed below.

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Premier Andrews and Industrial Manslaughter becoming a conspiracy

Both a swing AND a roundabout

The pursuit of Victorian Premier Daniel Andrews for Industrial Manslaughter (IM) over the spreading of COVID19 from quarantine hotels is developing into a conspiracy if a recent interview with Federal politician, Barnaby Joyce, is any indication.

Previous SafetyAtWorkBlog articles have discussed the opinions on Andrews and Industrial Manslaughter espoused by journalist Robert Gotttleibsen and Ken Phillips. On television on September 28, 2020, breakfast television’s Sunrise program interview the National Party’s Joyce and the Australian Labor Party’s, Joel Fitzgibbon. Host, David Koch, asked Joyce about the resignation of Victoria’s Health Minister Jenny Mikakos over the Hotel Quarantine issues, and Joyce floridly replied:

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