transparency – Page 2 – SafetyAtWorkBlog

Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]

This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.

New South Wales may follow if the Labor Party wins the March 2023 election

Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.

Legal Professional Privilege is the OHS equivalent of the Non-Disclosure Agreement

Pam Gurner-Hall is no stranger to this blog. Recently she appeared in an article by the Australian Broadcasting Corporation (ABC) about access to information from South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA.

SafeWorkSA has been under considerable scrutiny for the last few years. A “root and branch” review conducted by John Merritt is the latest inquiry. [Note: this article was written before the release of the Merritt report and the Government’s interim response last weekend. More on that report shortly]

Gurner-Hall’s concerns seem more about the government’s response to the inquiry and the application of Legal Professional Privilege (LPP). She is quoted saying:

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Two OHS regulators under investigation

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.

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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.

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 and establishing an anonymous account.

SafeWorkSA’s approach to psychological harm is as much as it can do but doesn’t have to be

The harm presented by working in Australia’s mining sector has been a concern for a long time. Over the last decade or two, the psychosocial harm from the same work has come to the fore. The occupational health and safety (OHS) responsibility sits clearly with the employers who, in Australia, are often well-resourced national and international corporations. Recently SafeWorkSA issued a media release entitled “Sexual harassment in mining sparks campaign“. SafetyAtWorkBlog took the opportunity to put some questions to the South Australia OHS agency, to which it has responded.

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To achieve OHS progress, we need to understand Deterrence, and its failures

Deterrence has always been a major aim of enforcing occupational health and safety (OHS) laws and prosecuting wrongdoers. But the legal system and medical coverage have become so convoluted that the deterrent potential has declined.

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Good framework but insufficient analysis

Occupational health and safety (OHS) is rarely analysed as a stand-alone business element. As such opportunities are missed to clarify one’s understanding of work health and safety and companies’ experience of it beyond “commitments” and workers’ compensation costs.

There is great potential for change in the United Nations’ Sustainable Development Goals (SDGs), especially Goal number 8. Sadly, even here “Decent Work” which includes the safety and health of workers (8.8) is shared with “Economic Growth”. As a result, it is often difficult to isolate the OHS components. A recent analysis of Australia’s ASX200 companies illustrates the problem.

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Category: transparency

Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]

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Legal Professional Privilege is the OHS equivalent of the Non-Disclosure Agreement

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Two OHS regulators under investigation

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SafetyAtWorkBlog “tip-off” line

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SafeWorkSA’s approach to psychological harm is as much as it can do but doesn’t have to be

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To achieve OHS progress, we need to understand Deterrence, and its failures

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