Category: death

Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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Beware a resurgence in Danger Money

“Danger Money” is an occupational health and safety (OHS) and Industrial Relations (IR) concept that must always be watched out for as it can perpetuate a hazard or risk in apparent contravention of the OHS legislative obligations that each employer and worker carries. The concept is at risk of reappearing as the role, income and wages of essential workers are reassessed in this time of COVID19 pandemic and economic reinstatement.

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Each new inquiry into work-related suicide needs to build on the findings of the previous

It is a common response by businesses and governments to respond to an incident or an issue by imposing a new level of control. Over time, this leads to confusion, clutter and a perception that action is more complex than it could be. Responses to work-related suicide are a good example of this and the recent announcement by the Australian Government of a permanent National Commission into veteran suicides is the latest, but it needs to be more than what has gone before.

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What of International Workers Memorial Day in 2020?

ILO’s World Day on Safety and Health at Work occurs each year on April 28. Events are centred around monuments and places in capital cities and towns, speeches about the importance of occupational health and safety (OHS) are made and symbolic gestures are given.

The World Day is intended to be an acknowledgement of the importance of OHS for all workers and people of all political stances. The aim is to focus on workplace deaths, and the practical actions to prevent those deaths, not the politics of those deaths, but far more prominence is given to the trade union movement’s International Workers Memorial Day held on the same day.

So how will these memorial days work in this year of COVID19?

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Is Industrial Manslaughter an empty vessel?

The Australian Institute of Health and Safety (AIHS) has published a long article about Australia’s Industrial Manslaughter (IM) laws. It is a very good article but includes a lot of information that should already be familiar to those who have followed the development of IM laws over the last two decades.

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Industrial Manslaughter in WA but Federally? Unlikely

Gold warm sunlight on CBD of Perth city as seen from Kings Park. Source: istockphoto

The West Australian government presented its new Work Health and Safety (WHS) Bill to Parliament in November 2019 and debate has continued in February 2020. Joining with most other States in using the model WHS legislation is a major change for that State as it not only brings one set of occupational health and safety (OHS) laws to all businesses, including mines and petroleum, but it introduces the offence of Industrial Manslaughter. However, IM in WA has a two option penalty – “Industrial manslaughter – crime” and “Industrial manslaughter – simple offence”.

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