Category: death

Biden reverses Trump’s position on workplace safety

It is fair to say that the term of office for President Trump was not supportive of occupational health and safety (OHS). Former President Trump did not seem to see the need for OHS regulations and his attitude to the COVID-19 pandemic meant that it would never be considered as an occupational disease. Reports over the last week in the United States media, and the issuing of an Executive Order, indicate that new President Biden values workplace health and safety.

The New York Times (paywalled) is reporting that

“President Biden directed the Occupational Safety and Health Administration [OSHA] on Thursday to release new guidance to employers on protecting workers from Covid-19.
In one of 10 executive orders that he signed Thursday, the president asked the agency to step up enforcement of existing rules to help stop the spread of the coronavirus in the workplace and to explore issuing a new rule requiring employers to take additional precautions.”

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Wilde about Industrial Manslaughter

Many people are sick of the issue of Industrial Manslaughter because it has seemed to dominate the discussion of occupational health and safety (OHS) and taken the focus away from harm prevention reforms on silica, mental health and others. However, Industrial Manslaughter (IM) continues to be raised in Australian Parliaments. In December, Shadow Minister for the National Disability Insurance Scheme & Government Services, Bill Shorten, reminded us of some of the arguments in favour of Industrial Manslaughter laws and penalties.

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Selling remediation as prevention is dishonest

Regular readers of, and subscribers to, this blog know that I am a strong advocate for the prevention of suicides, especially those related to work. Mental illness is not always connected to suicides but there is often a correlation between, mental stress, self-harm, suicide ideation and suicides. as such it is useful to keep an eye on suicide statistics, particularly in industries or times of great stress.

In early December 2020, Victoria’s Minister for Mental Health, James Merlino, addressed the Parliamentary Accounts and Estimates Committee (PAEC) to discuss the 2020-21 Budget Estimates. At that time, Merlino made some clear statements about the rates of suicides, which are useful to remember when evaluating suicide and mental illness prevention strategies like those mentioned in the Productivity Commission’s recent inquiry into Mental Health.

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“exponential increase in mental injuries in the workplace” and other statements in a Victorian Parliament committee

Three years ago, WorkSafe Victoria indicated that it would consider prosecuting farmers for breaches of occupational health and safety (OHS) laws. That possibility seems to have disappeared based on the latest Minister for Workplace Safety’s appearance at the Public Accounts and Estimates Committee (PAEC).

Ingrid Stitt‘s appearance centred on questions related to the 2020-21 Budget Estimates and touched on Industrial Manslaughter, gig workers, mental health, and construction and farm safety.

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Behind the OHS words in Parliament

On December 11 2020, Senator Deborah O’Neill (ALP) (unsuccessfully) sponsored a motion that, amongst other things, called on the Government to act on the recommendations of the 2018 inquiry in to industrial deaths and the Boland Review, and to introduce Federal industrial manslaughter laws. That last request will probably never occur under a Conservative government, but does not need to for such laws to be introduced across Australia.

It is good that pressure on important occupational health and safety (OHS) matters is maintained, even if the motion was “negatived”. However, perhaps more interesting was a couple of statements that Senator O’Neill’s actions generated, one of which is deconstructed below.

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Federal leadership misses State action

Australia’s Industrial Relations Minister and Attorney-General, Christian Porter, has popped up on occupational health and safety (OHS) issues several times in the last few weeks. It is fair to say that each time he has not really shone, partly due to political ideology and partly due to constitutional structures. Some of these barriers, the Minister can address.

As mentioned recently, several food delivery drivers have died. Minister Porter was asked specifically about one of these deaths, that of Chow Khai Shien, in Parliament by the Australian Labor Party’s Josh Burns. Porter said that he had talked to representatives of the Transport Workers Union about this type of work, but:

“One of the things that we discussed in that meeting was the fact—that is acknowledged, I think, inside the union—that occupational health and safety for those drivers is, not just predominantly, but essentially, a state based responsibility.”

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Justice delayed is justice denied

The Ballarat Courier is reporting that the prosecution of Pipecon over the deaths of two workers from a trench collapse in March 2018 has been delayed again. It seems the reasons for the delay include renovation works on the courthouse and the workload of the Court. Judge Gerard Mulally‘s decision came the same week as a delegation of bereaved relatives attended Federal parliament in Canberra.

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