Category: death

Industrial Manslaughter laws remain muddled

The Australian trade union movement is confident that Industrial Manslaughter laws will be introduced in each Australian State and Territory over the next few years.  Recently the Australian Broadcasting Corporation’s Law Report program looked at these laws and their discussion in the current Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“.

Much of the radio program contains a general discussion about workplace fatalities with agreement that the long term trend in workplace fatalities is downwards.  But no one seems to know the reason for this trend.

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Does using the Big Stick work?

Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making.  Imposing harsh consequences is hoped to change the behaviour of companies and individuals.  Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance.

The Australian Senate’s current inquiry

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Objections, support and deterrence

Several of the articles in the Safety At Work special edition on Industrial Manslaughter mentioned in a previous post were from a July 2004 Building Trades Unions Conference at which Reverend Fred Nile, Katy Gallagher and John Della Bosca spoke.  Below are some of the interesting quotes raised but before we reach them, in August 2004, the Federal Government, through its then Minister for Employment and Workplace Relations, Kevin Andrews, issued a media release saying:

“This is in stark contrast to the ACT’s punitive industrial manslaughter law which simply places employers and employees in an adversarial workplace setting. Industrial manslaughter laws are unnecessary and can only create uncertainty for employers and employees.”

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Industrial Manslaughter and the Big Picture (2004)

In 2004, the hottest occupational health and safety (OHS) topic was industrial manslaughter.  In Melbourne, there were seminars on the topic that easily topped 200 participants.  However it was also a year of confusion and fear, which may have accounted for the good seminar attendance figures.

At that time I was producing an online PDF Magazine and I devoted a whole edition to the topic. Now it is a time capsule of the issues and objections raised at the time which provide a useful context to the current debates. Here is my article on the issue from August 2004, slightly edited with links included, where possible.

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Dreamworld – this week and beyond

Managerial representatives of Dreamworld appeared at the second week of the inquest into the deaths of four patrons at the Australian theme park in 2016.  The week ended with Dreamworld’s parent company Ardent Leisure advising the Australian Securities Exchange of the departure of the current Chief Executive Officer, Craig Davidson. So what does this all mean?

Safety Management

Early last week, Dreamworld’s former safety manager, Mark

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Don’t “say anything to anyone..” – Dreamworld inquest

The first week of the two-week inquest into four fatalities at the Dreamworld theme park in Queensland has concluded.  It has substantial occupational health and safety (OHS) management lessons for Australian businesses in a similar way to that of many recent workplace disasters.  Those lessons are basic and the hazards are well-known in the OHS profession. Journalists Jamie Walker and Mark Schliebs, in the Weekend Australian newspaper, provided an excellent review (paywalled) of the lessons from that first week.

SafetyAtWorkBlog has not written about the deaths on the, now discontinued, Thunder Rapids ride because there has been an

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It’s on the books but we don’t read much

Victoria’s Trades Hall has criticised the Master Builders Association of Victoria (MBAV) over its opposition to Industrial Manslaughter laws.  The MBAV’s opposition is described as “tired” by Trades Hall in a small article in the OHS Reps SafetyNet Journal which illustrates how the gap is unbreachable.

This is what the OHS Unit of Trades Hall said about the

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