South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.
In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.
Australia is in the last few weeks of its federal election. Because it is a national election and occupational health and safety (OHS) is almost totally regulated at the State and Territory level, workplace health and safety is rarely if ever mentioned directly in campaign pledges. However, OHS does have a political campaign context if one accepts that some workplace hazards are caused or affected by social and government policies.
The Australian Labor Party’s suite of campaign policies includes several items that could reduce the mental anguish in the community, thereby encouraging people to take jobs and making applicants more attractive to employers but there are no direct pledges on OHS. It states in its “Secure Australian Jobs” policy that:
Recently accusations of bullying have been made by members of Opera Australia. The details are reported in Limelight, but the newspaper article by Nathaneal Cooper is more illustrative of the general workplace mental health challenges of those in the performing arts. Performers are one of the most visible and fragile sectors of insecure and precarious work. Solutions to hazards and clues to strategic improvements might be more evident and practical if the bullying was assessed through the prism (and legislative obligations) of occupational health and safety (OHS) and insecure work.
Do unions want employers to hold an absolute duty of care for work health and safety? Do unions hate the concept “as far as is reasonably practicable”?
The last Australian jurisdiction to hold employers to an absolute duty of care was New South Wales. That position was eroded by the harmonisation process and NSW OHS laws moving to the Work Health and Safety regime. An absolute duty of care, in the SafetyAtWorkBlog dictionary, is that the employer is responsible for any injuries occurring at work.
Every couple of days, I receive media releases about new books, usually from Northern America, and interview opportunities with authors. If the subject ties into the themes of SafetyAtWorkBlog, I will email back for more information, including some questions. This usually results in a polite decline to cooperate as the “book does not suit your readership” or “the author feels that, although your perspective is valid, they feel it is outside his area of expertise”.
Those questions are usually about the influence of the working environment and organisational structures on management decisions and conduct. This week Tamica Sears, author of How to Tell if You’re an A**Hole Boss: A Humorous, Yet Honest Exposé on Misguided Management Behaviors, provided some perceptive responses. (Note: I have not read the book, so this is not a review)
Occupational health and safety (OHS) should prevent any of its conference speakers from ever using the image of an iceberg or a triangle to illustrate managerial theories. The images are valid but have been done to death in conferences over the last decade.
I came to this position when recently reading a very short article on Systems Thinking by Veronica Hotton in Dumbo Feather magazine. Hotton used the iceberg as a visual metaphor for what can be seen and what is less visible but equally influential and much larger than the visible top.
Her article is a very good, succinct explanation of systems thinking for the general reader, but I was less interested in the iceberg and more in the ocean.
If there was only one way available to improve the health and safety of workers in Australia, it would be to limit and enforce working hours to those in the official Awards and job descriptions.
This situation which would really be simply a case of working-to-rule, would need to be supported by other not unreasonable changes, in no particular order:
