The Brady Report busts myths and offers a new way

A bombshell occupational health and safety report was tabled in the Queensland Parliament on February 6, 2020. Dr Sean Brady of the Department of Natural Resources, Mines and Energy undertook a forensic assessment of mining fatalities occurring over almost 20 years and has made recommendations that busts some mine safety myths and offers a, potentially very disruptive, way forward.

Brady issued 11 recommendations with many of them hitting the OHS regime of mining companies and safety regulators hard. As the report is over 300 pages, this article is based largely on the Executive Summary.

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Industrial Manslaughter exemption for mining looks over

Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.

Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.

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Ballarat workers’ memorial

Ballarat Trades Hall is looking for an artist to design and produce a memorial to Jack Brownlee and Charlie Howkins who died as a result of a trench collapse in Delacombe, Victoria in 2018. Any memorial requires careful consideration and broad consultation with all the relevant stakeholders.

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Good progress, but………

The Australian Government is starting to address the silicosis risk associated with engineered stone. The Health Minister, Greg Hunt, has said in a media release on January 23 2020 that the government will accept all five recommendations of the interim advice of the National Dust Disease Taskforce. However, some of these seem half-hearted and some actions will take a long time, which does not necessarily help those workers currently at risk.

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Take a good hard look at your business and do something about it

The Medical Journal of Australia (MJA) published an opinion piece on January 20, 2020 concerning working hours in the medical profession and the risk of mental health and suicide from working excessive hours. It uses the Japanese problem of “karoshi” to illustrate the severity of the workplace risks but it misses a couple of points.

It references the amendments to Victoria’s Occupational Health and Safety (OHS) legislation that introduced an offence of Industrial Manslaughter but implies that this amendment changes the duty of care expected of employers and changes a worker’s right to a safe and healthy workplace.

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Mining comments are revealing

The reader’s comments on online articles can be very revealing. Below is a discussion of some of the comments posted on The Australian website in response to an article about the accuracy of workplace fatality data in the mining industry. Given that this is one of the few mainstream media articles about occupational health and safety (OHS), they are telling.

One commenter asked the newspaper:

“… if one of your accountants based in the Sydney office were to have a car accident in Parramatta while driving to work in the morning, would you include that in your OHS statistics as a workplace fatality?”

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Questions asked on mining death data

The Australian newspaper published an article from the The Wall Street Journal titled “The hidden death toll from mining” (paywalled), written by Alistair Macdonald and others that questions the workplace health and safety prominence that is given to the minerals/materials sector. The opening paragraph is:

” Many mining deaths aren’t captured by global safety statistics, making the industry seem safer than it is to regulators, investors and consumers.”

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