Category: consultation

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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Be part of the Mental Health conversation

Public submissions for Victoria’s Royal Commission into Mental Health close on July 5 2019. If you believe that work-related mental health is important, tell the Royal Commission through its, very easy, online submission process. Below is the text of the submission I made earlier this week.

The website asks you questions, many more than I answered, so you just have to think a little bit, and comment. If you don’t have time for a detailed submission, there is a Brief Comments option.

What is already working well and what can be done better to prevent mental illness and to support people to get early treatment and support?

Employers have had legislative obligations to provide safe and healthy work environments for many decades, but the inclusion of psychological health has been largely overlooked in preference to those hazards that have a direct relationship to traumatic injury and death.  It is only since 2000, and the various campaigns since to prevent and reduce stress and bullying, that psychological risks have been on the workplace agenda.

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The potential of undocumented safety

SafeWorkSA’s CEO, Martyn Campbell, is fast becoming the highest profile occupational health and safety (OHS) regulator in Australia, partly because he has committed to communicating with stakeholders. Recently on the SafetyOnTap podcast Campbell, spoke about non-paper-based compliance. Given the current attention to safety clutter by David Provan and Greg Smith, his comments deserve some brief consideration.

Campbell was speaking about the importance of formalising OHS investigations through ICAM or root cause analysis and how proof of safety compliance comes through paperwork:

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Dirty tricks in quad bike debate

This week an online entity has been establishing itself on various social media platforms as “Say No To OPDs”, “Ban The Bar” and combinations of those phrases. These sites are asking people to make submissions to the current inquiry into establishing a quad bike safety standard which is being managed through the Australian Consumer and Competition Commission (ACCC) at the instigation of the Federal Government. This is not an inquiry about quad bike safety; that occurred last year with the ACCC report handed down earlier this year. It is an inquiry about a specific element of safety but this has not stopped a coordinated online push to reject the ACCC’s broader safety and product design recommendations.

Continue reading “Dirty tricks in quad bike debate”

Victims of industrial crime

On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.

The Age newspaper reports

“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”

and that

“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”

Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.

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Andi Csontos, OHS futurist

Andi Csontos

The future of work is usually portrayed as a future dominated by Artificial Intelligence (AI) and electronic technology, and one with which humans will struggle to cope. As other industrial sectors panic over potential job losses, it may be good news for the occupational health and safety (OHS) profession which feeds on the potential for harm. The future will still contain harm, but probably new types.

Consultation has been critical to OHS and its ability to improve health and safety, but many OHS people do not have to leave the office. There activities revolve around complicated Excel spreadsheets of intricate injury classifications and risk calculations. But OHS existed long before these technological burdens, which some would describe as dead-ends and others as the accumulation of valuable data. However, talking about safety and, more important, listening to others discussing safety is the most important tool an OHS profession has and will have in the Fourth Industrial Revolution.

This was reinforced recently by EY’s EHS Partner Andi Csontos (pictured above) at a seminar in Ballarat Victoria. Csontos paraphrased a recent EY discussion paper:

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Scarlet M for Manslaughter

In March 2019, the Northern Territory government released its “Best Practice Review of Workplace Health and Safety in the Northern Territory”. This report was written by Tim Lyons who reviewed the Queensland work health and safety (WHS) Laws not so long ago. Lyons is creating a career path as sustainable as Alan Clayton who seems to have reviewed all the workers’ compensation systems in the Asia Pacific!

There are many similarities between the two reports which is not surprising – same Model WHS laws, same reviewer….. Yes, Industrial Manslaughter laws were recommended but this is almost a pro forma recommendation at the moment, as it has been supported by at least two State governments, recommended in a Senate inquiry into industrial deaths and pragmatically recommended by the Boland Review. In many ways these WHS-related reviews are feeding off each other.

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