Industrial Manslaughter laws for NSW? Sizzle but no steak

Some trade union and occupational health and safety (OHS) newsletters are stating that the New South Wales Labor Party has pledged to introduce Industrial Manslaughter laws should it win this weekend’s State Election. Looking at the actual pledges shows the commitment may not be as solid as some expect and others hope.

The NSWLabor website related to workplace safety matters seems to make no commitment for the introduction of Industrial Manslaughter laws, only to discuss laws and penalties in comparison to the penalty for manslaughter under other laws:

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Another generation of safety thinking

Several years ago I attended an occupational health and safety (OHS) conference at which Cristian Sylvestre was speaking. He was in one of the secondary rooms, it was packed with conference delegates and he was talking about neuroscience and its potential to affect safety. In 2017 he self-published a book called “Third Generation Safety: The Missing Piece“.

OHS has a lot of people talking about new approaches to address the plateauing of safety performance. We are pushed to reassess how we got here and how we look at OHS – Safety II, psychology of risk and others, or we need to have OHS fit with the Fourth Industrial Revolution. Sylvestre advocates a third generation of safety. This is his take on the previous two generations and how we should progress in the future.

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Step into the light, be proud, be an institutional value adder

All Australian businesses are experiencing disruption.  Some are embracing this as Change, but not enough. As occupational health and safety (OHS) is an unavoidable part of running a business, it is being similarly disrupted. So what can one do?  I chose to read a short book called “On Disruption”. I purchased it because of the title and I had recently shared the media room at the ALP National Conference with the author, Katherine Murphy.  That the book wasn’t about OHS but about the disruption experienced by journalism, newspaper publishing and mainstream media, didn’t bother me as, being a blogger, it should still be of interest either way.

And it was.  But what was surprising were the parallels between journalism and OHS.  I shouldn’t have been surprised as both are, or claim to be, professions.

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One of the most useful books about OHS law

It is difficult to make a book about occupational health and safety (OHS) law interesting.  Some try with creative design but the most successful is when laws are interpreted into real world circumstances.  Thankfully Breen Creighton and Peter Rozen have written the latter in the 4th edition of Health and Safety Law in Victoria. Independent Australian publishers, Federation Press, recognise the significance of this edition:

“This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria….[and]

…Critically, the new edition locates the 2004 Victorian Act firmly in the context of the harmonised work health and safety regime…”

This discussion of context lifts this book from an analysis of one State’s OHS laws to an analysis of harmonisation, which may be offer a useful counterpoint to

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Multidisciplinary analysis of safety culture

Managing occupational health and safety (OHS) is most successful when it considers a range of perspectives or disciplines in identifying practicable solutions.  Books are often successful in a similar multidisciplinary way but it is becoming rarer for books to contain a collection of perspectives.  A new book has been published on Safety Culture which matches this multidisciplinary approach.

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Workers’ Inferno

Recently the 20th anniversary of the Esso Longford disaster was commemorated in Victoria. Coinciding with this anniversary was the release of a book about the disaster and its personal aftermath, Workers’ Inferno, written by Ramsina Lee.

This book has been in development for many, many years and the Lee’s writing talent is on display in the structure of the book and the stories within.  These stories largely linear But the multiple strands allow Lee to jump from one to the other providing a variety tone.

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OHS needs to accept the influence of neoliberalism and rebuild

Many have been claiming that the era of neoliberal economics and the associated politics is over or, at least, coughing up blood.  However, occupational health and safety (OHS) is rarely discussed in terms of the neoliberal impacts, and vice versa, yet many of the business frustrations with red tape, regulatory enforcement strategies, reporting mechanisms and requirements and others have changed how OHS has been managed and interpreted.

One of the most readable analyses of neoliberalism in Australia comes from

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