Insurance over OHS prosecution hits the deterrence effect

In response to proven breaches of occupational health and safety laws, judges usually apply financial penalties to companies and individuals.  These penalties, like all court-ordered punishments are to deter the offenders from re-offending but also to show others the consequences of their actions.  But what if an insurance company would pay for that penalty in return for regular premium payments?  If the offender does not pay the penalty, deterrence is gone.

On 27 June 2013, a company and its director were fined $A200,000 each in relation to workplace incident that resulted in the gruesome death of one man and a near miss for another but the director had taken out a general  insurance policy and the insurance company paid out!!??.  A fine of $A200K awarded but the offender may pay no more than $A10K. Continue reading “Insurance over OHS prosecution hits the deterrence effect”

Rita Donahy speaks at Australia’s Building Safety conference

Donahy 2013 01The first international speaker at this weekend’s Building Safety conference in Canberra, Australia was Rita Donahy, author of the One Death Is Too Many report into the UK’s construction industry safety performance, and a member of the House of Lords.

Donahy stressed that workplace safety is, and should be, a social issue and not treated as a special case.
Continue reading “Rita Donahy speaks at Australia’s Building Safety conference”

New Zealand railways, red tape, politics and workplace deaths

cover of NZ RailOn 28 April 2013, New Zealand lawyer, Hazel Armstrong, published a 48-page book on how workplace fatalities and the management of the NZ rail industry has been related to politics and economics.

This is an ideological position more than anything else and the evidence is thin in much of this short book but there is considerable power in the description of the manipulation of occupational health and safety regulations and oversight during the political privatisation of the NZ rail sector.  Many countries have privatised previously nationalised, or government-owned, enterprises usually on the argument of productivity and efficiency increases.  Armstrong argues that these arguments were used to justify breaking the trade union dominance of the rail industry. Continue reading “New Zealand railways, red tape, politics and workplace deaths”

Workers Memorial Day ceremony, industrial manslaughter and red tape

ACTU President Ged Kearney addresses the event. (image: VTHC)

The President of the Australian Council of Trade Unions (ACTU), Ged Kearney, spoke briefly at the Workers Memorial Day ceremony in Melbourne Victoria on 29 April 2013.  Kearney reiterated the call for industrial manslaughter laws in Australia echoing the statements by the ACTU’s Michael Borowick yesterday and the ACTU media release. Continue reading “Workers Memorial Day ceremony, industrial manslaughter and red tape”

National Workers Memorial opens

Yesterday Australia opened its National Workers Memorial in Canberra.  The Workplace Relations Minister  Bill Shorten, spoke at the ceremony with, largely, an edited and reduced version of the speech he presented in Brisbane earlier last week.  The Canberra speech dropped  all the ANZAC Day references and spoke about the importance of remembering.

“By erecting this monument, we tie the lives and memories and families of thousands of Australians to this place.  We stand here in this place as a mark of respect from a civilised community as an expression of failure and regret.  That’s what all memorials are, and this one is no different.  This is a symbol of the mourning for those lost too early from our tribe Australia.” Continue reading “National Workers Memorial opens”

Safe Work Australia vs Quad Bike Manufacturers

The chair of Safe Work Australia, Rex Hoy, makes an extraordinary challenge to the manufacturers of quad bikes.  In a media statement released on 26 April 2013, he

“…has called on the designers and manufacturers of quad bikes to urgently reconsider improving the design of quad bikes so they are not prone to roll over.”

Quad bike Say Safety_v151_04_10This sounds a sensible and safe suggestion but independent Australian research is still to be completed on whether these work vehicles are prone to roll over as a result of their design, and not simply driver (mis)behaviour.

Hoy notes that people continue to die whilst riding quad bikes and is quoted saying:

“We cannot sit by and watch people being killed and seriously injured by these vehicles. Everyone has a responsibility for quad bike safety but it must involve a safer product. We need to ask ourselves how much a life is worth opposed to the cost of a crush protection device.”

Quad bike designers and manufacturers have been emphatic in their position that rollovers are, primarily, the fault of driver behaviour and that crush protection devices are likely to contribute to rollovers or exacerbate worker injuries from rollovers. Continue reading “Safe Work Australia vs Quad Bike Manufacturers”

Australia set to open its National Workers Memorial

NWM HERO SHOT 2For several years Australia has been designing and constructing a National Workers Memorial.  This weekend, on the World Day for Safety and Health at Work, Australia holds its first national remembrance day at the new memorial on the banks Lake Burley Griffin in Australia’s capital city, Canberra.

The memorial has been coordinated by the National Capital Authority who has established a website for this memorial. The website will have live coverage of the inauguration ceremony at 11.00am AEST. Continue reading “Australia set to open its National Workers Memorial”

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