Industrial Manslaughter laws likely for Victoria

With little surprise, at the Australian Labor Party (ALP) Conference in Victoria on 26 May 2018, Premier Daniel Andrews has included the introduction of Industrial Manslaughter laws as a formal part of the campaign for re-election in November 2018.

According to his media release, if re-elected,

“.., employers will face fines of almost $16 million and individuals responsible for negligently causing death will be held to account and face up to 20 years in jail.

A re-elected Andrews Labor Government will make sure all Victorians are safe in our workplaces, with the offence to also apply when an employer’s negligent conduct causes the death of an innocent member of the public..”

There are a lot of steps between an incident and Industrial Manslaughter charges. 

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Still treating the symptoms of mental health

Suicide prevention continues to be a growth area in rainsingfund-raising and awareness raising.  On 17 May 2018, Prime Minister Malcolm Turnbull released a video supporting a treadmill challenge in support of suicide prevention.  It seems an odd campaign when there have been various walks and other events in the past that have more of a public statement that being on a treadmill in a gym.  But this is not the only odd suicide awareness event.  Last week, Winslow Constructions had a program launch that was also a little odd and a campaign that is worthwhile, as far as it goes.

In May 2018, Winslow Constructions held a media event on one of its residential construction projects to the north of Melbourne. 

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Grenfell’s “race to the bottom” equally applicable to workplace health & safety

Occupational health and safety (OHS), building safety and public safety often overlap but never more so than in the instance of the Grenfell fire of June 2017.  The UK Government has just released the final report into the incident and there are many interesting lessons for workplace health and safety and its social role.

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Australian Workplace Safety Bureau

There seems to be a growing community frustration with regulators who hesitate to prosecute about breaches of laws, including occupational health and safety (OHS) laws, and about options that sound reasonable, like Enforceable Undertakings, but still let businesses “off the hook”.  The calls for Industrial Manslaughter laws are the most obvious manifestations of the anger and frustration from perceived injustices.

But perhaps there was another way to achieve change in workplace safety, a way that could be based on a model that Australia and other countries already have.

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Unsafe systems of management

Excessive workplace stress in the medical profession is well documented but stress is often seen as a minor workplace hazard that is fairly easily dealt with by holidays, for instance, or is dismissed as an “occupational hazard” or part of the entry to the profession or just part of the culture, with the implication that nothing can change.  Only recently have work-related suicides garnered serious research attention and these incidents are now being openly discussed, as this April 2018 article in the MJA Insight shows.

The author of the opinion piece, Dr

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Why are we arguing about Industrial Manslaughter laws?

From left: Dave Brownlee, Janine Brownlee & Lana Cormie

On the issue of Industrial Manslaughter laws, Lana Cormie (pictured far right) said:

“Employers need to have motivation to do the right thing, ’cause clearly they don’t do it off their own back.  So, if that means, if this’ll be the difference between them making OH&S a high priority and not, then it needs to be done.  And I think all the other benefits for the men on the ground, and the women on the ground, will filter down from that.  “

Her comments on International Workers Memorial Day emphasises that the introduction of these laws is not so much about new laws but the failure of the existing ones and of their application.  Over time, the general commitment to implementing occupational health and safety (OHS) has declined in many workplaces or, at least, has not progressed in the way expected by the safety law makers of the 1970s and 1980s.

Government has relied on the increase of financial penalties as the major deterrent Continue reading “Why are we arguing about Industrial Manslaughter laws?”

The wisdom of a farming Near Miss

Australia’s occupational health and safety (OHS) agenda seems largely dictated by high risk industries like construction in some States and the mining sector in others. But agriculture is common to all Australia States and is consistently included in the official and unofficial workplace fatality data. New research has been released into serious farm injuries and which voices are the most effective in improving the situation.

The level of risk in Australian farms is illustrated well by

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