The Victorian Government remains secretive on Industrial Manslaughter laws

Victoria’s Department of Justice and Community Safety’s Freedom of Information correspondence is headed:

“Information Integrity & Access”.

For the last few months SafetyAtWorkBlog has been chasing the Workplace Manslaughter Consultation Paper through official channels and been granted “two pages in full”, “four pages in part” and been refused access in full to most of the Consultation Report.  This decision (available here) is because

“These documents include information concerning opinion, advice or recommendation of an officer and the personal affairs of third parties, which cannot be disclosed [for reasons given in the letter]”.

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The economics, and politics, of prevention and the cost of doing nothing

LtoR: Terry Nolan, Rod Campbell, Tony Dudley, Rosemary Calder

On July 9 2019, the Committee for Economic Development of Australia (CEDA) conducted a lunchtime seminar in Melbourne about “the economics of prevention“. The event was supported by GlaxoSmithKline who launched a report about the value of vaccines so the lunch promised to be very medical but that quickly changed when Rod Campbell of The Australia Institute (a late replacement for Richard Denniss) spoke. On the issue of cost-benefit analysis, an important consideration in occupational health and safety (OHS) , Campbell was blunt:

“A huge amount of government decisions are not made by informed economic analysis. They’re made by political decisions.”

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Industrial Manslaughter submissions

The issue of Industrial Manslaughter laws continues in Victoria. Several organisations were invited to provide submissions to the Victorian Government’s task force formed to look at the implementation of these laws. Three of those submissions have been seen by SafetyAtWorkBlog:

Joint Submission

The joint submission states that

“The laws will also improve health and safety outcomes in workplaces by providing a real deterrent to employers who are tempted to cut corners on health and safety.”

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Grab the political OHS opportunity

Yesterday, Australia’s Parliament opened for its Winter session. As per protocol, the Governor-General officially opened the process with a speech (page 13) about his government’s agenda. It is no surprise that it is heavy on economic reform but there was a few lines about lawlessness that are of interest.

The Governor-General’s words are aimed at the lawlessness of certain trade unions but we could impose occupational health and safety (OHS) on the statements as well. On the issue of Regulatory Reform and Industrial Relations, the Governor-General said the government:

“… will partner with businesses in identifying the barriers, blockages and bottlenecks to investment. Confidence to invest relies on productive and harmonious workplaces. This means tackling lawlessness in workplaces whenever and wherever it may occur…….

This work will be evidence based. It will protect the rights and entitlements of workers and identify a way forward that will benefit our economy and, most importantly, the workers who rely on it.”

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“They did not know what to say, so they stop saying anything at all”

Behind every call for Industrial Manslaughter laws in Australia over the last twenty years has been is a deeply grieving family. We often see relatives on the TV News, standing outside of Courts, or at memorial sites. SafetyAtWorkBlog fears for the mental health of these people who have usually been traumatised by the death and whose experiences in the immediate aftermath and the months afterwards often exacerbates that trauma.

But people have been killed at work for centuries and often the current pain and anger is so raw that we fail to remember those who have already gone through this process because their voices have often been used and discarded.

SafetyAtWorkBlog spoke with several bereaved relatives who have experienced the loss of a relative at work. The focus was on those whose relatives died over a decade ago, to gain a more measured and reflective perspective and in order to understand what may be in the future for all of us who have workers in our families. I responded more emotionally to these stories than I expected and have found it difficult to write about the issues I intended to address, so I have decided to let these interviews and stories stand pretty much by themselves.

The first of these responses is from Jan Carrick. Her 18-year-old son Anthony died in 1998 on his first day at work. One article written in 2003 about Anthony’s death and that of other young workers said this:

Continue reading ““They did not know what to say, so they stop saying anything at all””

“… merchants of doubt and experts in distorting the truth…”

The Weekly Times newspaper has provided strong coverage of the arguments about quad bike safety for many years, especially, through the work of Fiona Myers and Peter Hunt. The June 19, 2019 edition devoted its front page, page 4, an opinion piece and a cartoon to the objection by the quad bike manufacturers to Operator Protection Devices (OPDs). One of the benefits of long-term media coverage is that changed positions, or hypocrisy, can be shown and this is what Hunt did on 19 June.

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What is the problem that Industrial Manslaughter laws are intended to solve?

Marie Boland speaking on Day one

This week Melbourne Victoria hosted a conference about Work Health and Safety Prosecutions and Enforcement. The two-day conference, run by Criterion Conferences, focused on law and the application of that law. Occupational health and safety (OHS) was largely a subtext of the discussion, but it raised its head occasionally.

The audience of around 100 consisted of many OHS regulators and lawyers from most Australian States. This conference profile set the tone of this conference where a lot of legal knowledge and terminology was assumed even though, occasionally and not knowing the audience, a speaker trod old ground with Law 101.

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