Category: business

What will the Liberal/National coalition do for Victoria on OHS?

The Victorian Liberal/National Coalition’s election platform is available on-line, or at least an outline is.  On 21 November 2018 a couple of days out from the State Election, Opposition Leader, Matthew Guy, released the Coalition’s 6-page plan for their first 100 days in office, should they win on Saturday.

The State Platform of the Victorian Division of the Liberal Party of Australia makes no mention of occupational health and safety (OHS) but there are many beliefs that would be dramatically affected if OHS is not managed appropriately. 

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Greens OHS Update

Further to this morning’s article, the Victorian Greens provided the following information:

“The Greens believe that:

  • Every employee deserves to be safe in the workplace
  • Going to work should not involve putting lives at risk
  • Harsh penalties should be in place to deter employers from cutting corners on workplace safety
  • The law must provide justice for victims and families should preventable accidents occur in the workplace

Earlier this year, Nina Springle MP called on the Victorian Government to introduce corporate and industrial manslaughter laws. You can read more about it in the link below:

https://greens.org.au/vic/news/media-release/keeping-victorians-safe-work

In other states around Australia, the Greens have continually been strong advocates for industrial manslaughter laws.”

Kevin Jones

Two exemptions to Victoria’s Industrial Manslaughter laws

Every industry sector should have its own occupational health and safety (OHS) conference.  This allows for specific OHS topics to be presented but also provides for a broader context. The recent conference conducted by the Victorian Branch of the Australian Nursing and Midwifery Federation (ANMF) was a great example.

So close to a State election and in the lead-up to a Federal election it was not surprising that the trade union movement’s Change The Rules campaign gained attention, as did the push for the introduction of Industrial Manslaughter laws, in the presentation by Dr Paul Sutton.

The main points of his presentation are familiar and have been reported on previously but this presentation included news about two exemptions to the laws which may raise uncomfortable questions. 

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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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Change in mining OHS laws needs innovation

Discussions about safety in the mining sector continue with recent debate in the Queensland Parliament but change continues to be at a slow pace and in a manner that reflects “business as usual” rather than being innovative and establishing a sound base for business to grow, and grow safely.

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Don’t be tough, be effective

Coal Mine Hydraulic Excavator and Dump Truck

On 31 October 2018, the Queensland Government got tough on safety in its mining and resources sector.  But how tough is tough? A press statement says that

“Parliament today backed maximum penalties close to $4 million for mining companies that fail to keep their workers safe. As well, mines inspectors will be able to hit mine operators with tough new fines of up to $130,550 without taking them to court.”

For those of us who do not have $4 million to cover prosecutions over occupational health and safety (OHS) breaches this may indeed sound “tough” but recent inquiries and reviews into OHS enforcement question whether financial penalties are the most effective way of improving workplace health and safety.

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Liability insurance products get some serious criticism

In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were “referred to the WHS Board” for further consideration (footnote page 3).

On 17 October 2018 the Senate Education and Employment Committee’s report into industrial deaths similarly recommended the Commonwealth, State and Territory governments:

“amend the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;” (Recommendation 21, page xi)

Given the

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