Getting distracted from safety

Seven years ago, the Australian Capital Territory (ACT) suffered a spike of workplace deaths in the construction sector. The then WorkSafe Commissioner produced a report, supported by at least one conference and extensive consultation, which proposed substantial changes. All of the recommendations from the 2012 Getting Home Safely report were accepted by the government and construction had no deaths for several years after but recent deaths have resurrected tensions between the ACT Government and the Master Builders Association (MBA).

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Interview with James Curtin

James Curtin and I have been trying to find time to sit down and talk about occupational health and safety (OHS) and Industrial Manslaughter (IM) laws ever since I interviewed trade unionist Dr Gerry Ayres in 2018. The most recent IM laws have recently passed in Victoria and James and I finally found some time to talk.

Below are the personal and professional points that James made in the interview. The rest of the article contains the full interview.

  • Workplace manslaughter has not been found to improve safety and pushing ahead with a model that excludes some duty holders from the offence was/ is wrong
  • There was no gap in the law that this new offence sought to fill. It was an ideologically fuelled position.
  • The model should have been one in all in (like reckless endangerment) or one out all out (and replicate the UK’s Corporate Manslaughter Laws)
  • Working for an employer or employee organisation is a great privilege. You need to represent your constituents effectively but in doing so be mindful of any bias. Some Associations represented their members very well throughout this debate. Some did not. That was very disappointing.
  • Employers have to take their OHS obligations seriously. WorkSafe play a vital role in regulating Victoria’s OHS laws.
  • If you are in business you have to take your obligations seriously. Everyone should have the opportunity to start a business, if they wish, but they must have high regard to their obligations. An effective way of ensuring this is through regulator involvement – proactively and reactively.
  • Compliance and enforcement needs to be looked at differently. Larger fines and custodial sentences is not the answer. Each case needs to be dealt with on its merits and enforceable undertakings can play an integral role

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Possible replacements for Safe Work Method Statements

Could improving the situational awareness of workers replace Safe Work Method Statements?

Many Australian occupational health and safety (OHS) professionals rally against the dominance of Safe Work Method Statements (SWMS). The application of SWMS beyond the legislated high-risk construction work parameters increases the amount of safety clutter and misrepresents OHS as being able to be satisfied by a, predominantly, tick-and-flick exercise. But critics of SWMS are rarely pushed on what, if anything, should replace SWMS? SafetyAtWorkBlog asked some experts and looked closer at the issue.

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