What Boland’s Independent Review has been hearing

On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA).   Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.

According to Boland’s presentation (not available online),

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A WorkCover book that works

Many consultants publish books on the understanding that a published work provides legitimacy and authority to their advice.  Sometimes these books are vanity productions but increasingly, and particularly in the safety sector, small-run publications are appearing that are well-written, well-edited and well worth reading.  The latest of these, in Australia at least, is “Workcover That Works” by Mark Stipic.

Stipic has been planning this book for some time and developed a clear strategy for this book to address the workers compensation processes in just one Australian State – Victoria.  It is not a workplace safety book but it acknowledges the role of occupational health and safety (OHS) and devotes one of its four parts to “Foundations of Success” in which Stipic discusses safety climate and culture and those management practices that minimise the likelihood of a workers compensation claim being lodged.  Continue reading “A WorkCover book that works”

Industrial Manslaughter laws remain muddled

The Australian trade union movement is confident that Industrial Manslaughter laws will be introduced in each Australian State and Territory over the next few years.  Recently the Australian Broadcasting Corporation’s Law Report program looked at these laws and their discussion in the current Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“.

Much of the radio program contains a general discussion about workplace fatalities with agreement that the long term trend in workplace fatalities is downwards.  But no one seems to know the reason for this trend.

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There but for the Grace of God ….. the “evaluation” of SafeWorkSA

South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA, is being investigated by that State’s Independent Commissioner Against Corruption (ICAC).  SafeWorkSA has been subjected to several inquiries over recent years but the current ICAC one is perhaps the most significant, and one that is generating a lot of local discussion, and that should be watched by all OHS professionals, Regulators around Australia.

It is important to note the specifics of the Inquiry or “Evaluation”. 

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Objections, support and deterrence

Several of the articles in the Safety At Work special edition on Industrial Manslaughter mentioned in a previous post were from a July 2004 Building Trades Unions Conference at which Reverend Fred Nile, Katy Gallagher and John Della Bosca spoke.  Below are some of the interesting quotes raised but before we reach them, in August 2004, the Federal Government, through its then Minister for Employment and Workplace Relations, Kevin Andrews, issued a media release saying:

“This is in stark contrast to the ACT’s punitive industrial manslaughter law which simply places employers and employees in an adversarial workplace setting. Industrial manslaughter laws are unnecessary and can only create uncertainty for employers and employees.”

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Industrial Manslaughter and the Big Picture (2004)

In 2004, the hottest occupational health and safety (OHS) topic was industrial manslaughter.  In Melbourne, there were seminars on the topic that easily topped 200 participants.  However it was also a year of confusion and fear, which may have accounted for the good seminar attendance figures.

At that time I was producing an online PDF Magazine and I devoted a whole edition to the topic. Now it is a time capsule of the issues and objections raised at the time which provide a useful context to the current debates. Here is my article on the issue from August 2004, slightly edited with links included, where possible.

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Western Australia opens consultation on WHS laws

On June 28 2018 in the West Australian Parliament, the Minister for Commerce and Industrial Relations, Bill Johnston, progressed the State’s move to towards harmonised Work Health and Safety (WHS) laws.  According to Hansard, Johnston said

“Last July, I formed a ministerial advisory panel to advise on the development of a single, harmonised and comprehensive work health and safety act. The new act will cover all workplaces in Western Australia and be aligned with legislation in other Australian jurisdictions…..” (page 4146, emphasis added)

That WA will have new safety laws to cover all workplaces is a very good move;

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