Deaths inquiry asks the hard questions

This week in Australia, the Senate Education and Employment References Committee inquiry into industrial deaths conducts public hearings in three States in three days.  Transcripts will be available shortly but it is worth looking at the record of the last public hearing from August 7 2018 to see the type of questions the panel are asking and how some of Australia’s business and occupational health and safety organisations are responding.

Mark Goodsell of the Australian Industry Group (AiGroup) seemed to struggle at times but this may have been partly due to his choice not to repeat the content of the AiGroup submission and instead comment on some of the other submissions.  Goodsell points out:

“We made the point in our submission, and a number of the other submissions also made the point, that industrial deaths have decreased in absolute terms in Australia over the last decade or so. As a proportion of the workforce, that’s a broad pattern across all states and most industries—in fact, all industries but not all to the same degree. That’s not widely acknowledged in a lot of the submissions. It is in the employers’ submissions but most of the other submissions appear to either not acknowledge that or just jump over that.” (pages 36 & 37)

This Senate Committee is looking at industrial deaths so the focus on fatalities is understandable. 

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If you don’t prevent, you perpetuate

Systematic approach to psychological health and safety

One of the most important occupational health and safety (OHS) guidances released the last couple of years is the Safe Work Australia (SWA) guide “Work-related psychological health and safety: A systematic approach to meeting your duties“, but its significance is not being universally embraced.

Recently Australian law firm, Minter Ellison, released an

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Boland releases Public Consultancy Summary of WHS inquiry

The Independent Review of Model WHS Laws being conducted by Marie Boland released a Public Consultation Summary on August 17 2018.  Boland lists the concerns raised with her as including:

“the blurring of lines between WHS [work health and safety], public safety and public health”

“The length and complexity of the Regulations and Codes”

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Stop whingeing and manage OHS properly

The Australian Securities Exchange (ASX) regularly updates the Corporate Governance Principles and Recommendations administered by its Corporate Governance Council.  The Council has recently closed submissions on its consultation on the Fourth Edition.  The submissions are worth looking at to see how occupational health and safety (OHS) fairs, and it is also worth looking for mentions of the “social licence to operate”.

The 3rd edition of the principles provides examples of what it means to be a “good corporate citizen” (page 19),

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Queensland enforces its labour hire laws while Victoria is still working theirs out

Sunset over Lockyer Valley, in South East Queensland, Australia.

The Queensland government was the first Australian State to introduce a licencing scheme for the providers of contract workers and temporary labour.  As a result, enforcement activity by the regulator there will likely set the scene for similar actions in other States particularly as Victoria has opened it public consultation on its labour hire regulations. Sadly workplace health and safety seems to have been overlooked in Victoria’s draft labour hire regulations and current consultation process.

Last week the Queensland Government

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Not even lip service to OHS

Australia currently has a lot of official inquiries into workplace issues that affect the occupational health and safety (OHS) of workers.  It is almost impossible to keep up with them and, as a result, some important voices are being missed, but even if they spoke, there is a strong chance they will not be listened to. The Victorian Government has released the final report of the Inquiry into Penalty Rates and Fair Pay.  There are two overt mentions of OHS that don’t seem to go anywhere.

In a submission quoted by the Inquiry, the

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Families of the Dead speak to government

Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered.  The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments.  It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.

The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old 

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