In cases of wage theft, who investigates the OHS issues?

In August 2017, the ABC Four Corners program reported on the dysfunctional glass recycling industry. Following this various media looked at the issue and in September of that year, one recycler, Polytrade, allowed some media into their worksite. The focus was on the “recycling crisis” and occupational health and safety (OHS) did not get a look in but two years on and OHS is now mentioned, but perhaps not as prominently as it could be.

On October 5 2019, The Age newspaper reported on accusations by the Australian Workers Union that workers at Polytrade were underpaid around $40,000 each year. There are many elements to this story such as migrant workers, “wage theft”, which have tapped into topical issues of several years, but the health and safety of the workers has received much less attention.

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“We need to act together to help me get my act together”

On October 21 2019, Victorian Premier Daniel Andrews posted on Facebook in support of his government’s move to introduce Industrial Manslaughter (IM) laws. He chose the death of Jacob Kermeen and its effect on the family in support of the need for these laws.

It is surely a coincidence that a fatality from a trench collapse was chosen for this exercise. Some of the leading advocates for IM laws are the relatives of two workers who died from a trench collapse in Ballarat in March 2018, a case being prosecuted by WorkSafe Victoria.

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One death may be too many, but it remains a prerequisite for Industrial Manslaughter laws

In Victoria there is much anticipation about the introduction of Industrial Manslaughter (IM) laws to the Parliament. Yesterday Minister for Workplace Safety Jill Hennessy and others hosted a meeting for some prominent IM advocates and trade unionists. Part of the reason for the meeting was that this week was the tentative date for the introduction of the IM laws to Parliament. The latest strong rumour is the Victorian Government has privately conceded that the Bill will not pass this year as expected and the Premier is moving to Plan B.

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Consumer Product Safety System review should be on the OHS radar

Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.

This consultation is a direct result of the recent review of Australian Consumer Law:

“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”

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The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.

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Arts Wellbeing Collective shows how it’s done

From an occupational health and safety (OHS) perspective, part of the reason that the Arts Wellbeing Collective (AWC) is being so successful and admired is that it originated outside of the traditional OHS and Health funding models. Existing in the performing arts meant the Collective drew firstly on their modern version of patronage by approaching their sponsors.

Recently the CEO of the AWC, Claire Spencer, spoke at the launch of Victoria’s Health and Safety Month and reminded the audience of the dire straits the performance arts were in with relation to mental health. She referenced the research commissioned by Entertainment Assist and conducted by Victoria University

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Shared Values, Social Values and Safety Values

Last week, the Shared Value Project launched its whitepaper called “Creating Shared Value, the Business Imperative to Improve Mental Health in Australia.” It is an interesting document that is part of the trend of reconfiguring capitalism, the decline of neoliberalism, talk of a “social licence”, Environmental, Social and Governance (ESG) and more. Depending on one’s position on capitalism, this makes it part of the wave of change or another failed humanitarian action in the wake of that capitalism.

Several people spoke at the launch, including Professor Allan Fels and the Victorian Minister for Mental Health, Martin Foley.

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Shared Value and Mental Health

This morning SafetyAtWorkBlog attended the launch of a whitepaper called “Creating shared Value: the business imperative to improve mental health in Australia” produced by the Shared Value Project. Just after the launch I had the opportunity for a quick interview with Shared Value Project CEO Helen Steel. Below is that audio as a short Safety At Work Talks podcast.

A longer article on the white paper and the comments of Victoria’s Minister for Mental Health, Martin Foley, at the launch will be available next week.

Kevin Jones

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