OHS, IR and PPE

In 2015, the Australian Building and Construction Commission (ABCC) took legal action against the Construction Forestry Mining and Energy Union (CFMEU) and one of that union’s organisers, Pomare Auimatagi, over the organiser’s actions seemed to breach one of  John Holland’s personal protective equipment (PPE) policies. The CFMEU and Auimatagi were found guilty of breaching the Fair Work Act and fined over A$58,000 by the Federal Circuit Court on 9 March 2018.  The case raises a couple of occupational health and safety management issues.

According to

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Australian Workplace Safety Bureau

There seems to be a growing community frustration with regulators who hesitate to prosecute about breaches of laws, including occupational health and safety (OHS) laws, and about options that sound reasonable, like Enforceable Undertakings, but still let businesses “off the hook”.  The calls for Industrial Manslaughter laws are the most obvious manifestations of the anger and frustration from perceived injustices.

But perhaps there was another way to achieve change in workplace safety, a way that could be based on a model that Australia and other countries already have.

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Interview with Dr Gerry Ayers

This weekend is the International Workers Memorial Day.  In Victoria, in particular and in Australia more generally, it is highly likely that the issue of Industrial Manslaughter laws will be raised as part of a trade union campaign.

Dr Gerry Ayers, the OHS&E Manager of one of the branches of the CFMEU, features in an online petition about these laws and it seemed the right time to interview Dr Ayers about these laws but also about workplace health and safety enforcement and practices more generally.

The full audio of our conversation is available in the Safety At Work Talks podcast available on SoundCloud and Podbean.

SAWB:           Gerry I’ve seen your photograph on various petitions and flyers about industrial manslaughter laws in Victoria where the trade union movement is asking people to sign petitions and pressure the government into bringing in industrial manslaughter laws.  Why is the trade union movement doing this now and what’s the purpose of the laws?

GA:     And it’s a bit like what the industrial campaign is all about, it’s rules are broken, or our rules don’t seem to be working in terms of the legislative framework and the sanctions that are afforded to people when they break the OH&S laws and when it all goes horribly wrong and someone is killed. It’s very rare that the full financial penalty is ever applied to any employer who goes to court for a workplace fatality. Continue reading “Interview with Dr Gerry Ayers”

Queensland’s “production versus protection dichotomy”

Last week the Queensland Government proposed changing some of the health and safety laws that relate to mining.  Changes to occupational health and safety (OHS) laws that improve workplace safety are almost always welcome, but to some extent these recent changes are “catch-up”.

The Government’s media statement of the proposed laws is very positive and the changes are largely very good.  Natural Resources, Mines and Energy Minister Dr Anthony Lynham is quoted saying

“The Department’s mines inspectorate through their investigations have found that one of the causes of an increase in risk is due to contractors not having a full understanding of the SHMS on the mining site…”

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Trade unions, jobs, safety and the future

The recently appointed Secretary of the Australian Council of Trade Unions (ACTU), Sally McManus, made a major speech at the National Press Club on 21 March 2018.  It was forecast to lots of media outlets the morning prior to the speech with selected quotes from McManus, flagging how significant the trade union movements consider this speech.

She made her pitch by reiterating the Australian belief in fairness, the “fair go” and said this is based on two things – “having a job you can count on, and fair pay.” Having a “safe job” was sort-of mentioned in the speech but usually in political terms.  It will be interesting how this speech fits with the anticipated speech for International Workers’ Memorial Day in just over a month’s time.

Six trade union achievements were mentioned but workplace health and safety was not

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OHS is not all about workers compensation data

Every couple of months, after the release of official workplace fatality figures and serious injury, the Australian media reports the three most dangerous industries as Agriculture, Fishing and Forestry.  The latest article appeared in Australia’s Fairfax Media on 17 January 2018.  It is good that occupational health and safety (OHS) is gaining attention.  When so little media attention is given, any publicity is useful.

However this type of article also presents some negatives, including that it may be only representing 60% of all workplace fatalities and serious injuries.

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