Still insufficient answers to the Delacombe trench deaths

Last week, the Victorian Coroner, Leveasque Peterson, released her findings into the deaths of Charlie Howkins and Jack Brownlee from a trench collapse on a residential construction site in Delacombe in March 2018. The employer, Pipecon, pleaded guilty to occupational health and safety (OHS) law breaches and was successfully prosecuted by WorkSafe Victoria. But the guilty plea meant there was only a cursory investigation of the OHS elements of the incident.

This month’s coronial findings have come without the opportunities offered by a formal inquest. So, where are the answers? What management decisions caused the trench to collapse and lead to the deaths of Jack and Charlie? The available answers seem insufficient. What lessons can be drawn from these legal processes to stop similar incidents occurring elsewhere?

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Is this another case of minimal deterrence?

In January 2025, Kilvington Grammar was fined over $100,000 for breaches of occupational health and safety (OHS) laws related to the death of one of its students, 16-year-old diabetic Lachlan Cook, who was on an overseas school trip. The best source of publicly available reports on this case appears to be the Australian Broadcasting Corporation. This article does not discuss the incident but focuses on the sentencing decisions and their relevance to OHS.

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Curious workers’ compensation claim

Recently, it was revealed that a senior leader of the Construction Forestry Mining and Energy Union (CFMEU), John Setka, has lodged a workers’ compensation claim alleging post-traumatic stress disorder related to his work. Setka (pictured above second from the left) is a controversial trade union and political figure, especially in Victoria, and anyone can lodge a worker’s compensation claim. However, the media reporting identifies some curious factors to this claim.

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The reporting of farm deaths could be improved

Recently, Lisa Ronson died in a vehicle incident on her Victorian farm. Much has already been written about her family’s loss, Lisa’s life and the impact on the community. This article is not about her; it is about how her death has been presented in the media over the last few days and the words used for the means of her death.

For many, her death was brought to our attention by a front-page article in the Herald-Sun newspaper on November 25, 2024 (image below). As an advocate for occupational health and safety (OHS) with a strong interest in farm safety, I read the whole article, and others, looking for details of the incident to contextualise it in the history of farm deaths. The only details were mentioned in the second paragraph:

“….after Ms Ronson was killed in a tragic farm accident on Saturday night, her devastated family is mourning the loss of a cherished wife and mother.”

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Our understanding of suicides is improving…..finally

[The following article discusses suicide]

In November 2024, Victorian Coroner John Cain said:

“”While our early research suggests that Victoria’s suicide rate has not increased overall, it is troubling that we continue to see no sustained reduction in lives lost.”

Cain has instigated a research program with the Melbourne School of Population and Global Health at the University of Melbourne to provide a better understanding of suicide trends and rates. An understanding supported and queried by an article (paywalled) in The Weekend Australia written by journalist Stephen Corby.

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“If you don’t sound the alarm, who will?” Matt Peacock and work health and safety

Prominent investigative journalist, Matt Peacock, has died from pancreative cancer. Few of us are lucky enough to save people’s lives, some of us change the world. Matt did both. He was never an occupational health and safety (OHS) specialist but his impact on the world of work, especially in Australia was profound and, probably, unmatched.

In 2019, I was helping the (then) Safety Institute of Australia with its conferences. I approached Matt to speak at the 2019 national conference dinner in Sydney, hoping he would be provocative. (Here is an article from that time) He shocked many in the audience when saying:

“..my message tonight is that if you were all doing your jobs properly, then I wouldn’t have had anything to report on in the first place.”

He did not let up on his challenging criticism that night. Below is the full transcript of his presentation, available for the first time.

Kevin Jones

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Analyse the OHS system rather than the incident

Is it reasonable to apply the findings of a coronial inquiry into a theme park disaster to a “low-risk” administrative office environment? Well, one occupational health and safety management system (OHSMS) is much like another.

Administrative and office work environments are much less likely to experience work-related traumatic deaths as there are few unguarded conveyor belts or forklifts darting around, so coronial inquiries are few.  However, the requirements imposed by OHS laws are the same in both types of workplaces, and audits do not assess workplaces, only the OHSMS operating in those workplaces. For instance, an analysis of the OHSMS in place at Dreamworld in 2016 is relevant to an office or warehouse for a construction site or childcare centre in another Australian State.

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