Speculation is occurring about the introduction of Industrial Manslaughter (IM) amendments by the incoming Labor Government in New South Wales. It is likely, as the Australian Labor Party, when in opposition last year, introduced an IM Bill into Parliament. But Industrial Manslaughter laws promise more than they deliver as the push for these laws is based on politics rather than justice or workplace health and safety.
Every year the Australian government releases a budget explaining what it plans to do over the next 12 months or longer. Business groups and trade unions often release documents submitted to the government, although whether the government requests this is unclear. Recently the Master Builders of Australia (MBA) sent through its submission (not yet publicly available). It has some interesting comments on the responsibility for occupational health and safety (OHS) and responsibility.
In December 2021, five children died, and others were injured when an inflatable jumping castle lifted into the air after a strong gust of wind. WorkSafe Tasmania continues to investigate the incident, as is the Tasmanian Coroner. Recently the Coroner postponed the inquest because WorkSafe would not provide documents essential to the process, prolonging the grief of the families and the local community who want, and need, answers.
So Australia did not ban the importation of engineered stone. The Heads of Workplace Safety Authorities (HWSA) have issued a Communique and a joint media release outlining their decision. It’s a political slap in the face to the trade unions who went hard on the ban.
Many organisations supported the call to ban the importation and use of engineered stone due to the unacceptable risk associated with cutting the product. Many were strident in need for the ban. Even the Federal Minister for Workplace Relations, Tony Burke, was talking tough on the morning of the critical meeting of the Heads of Workplace Safety Authorities. So what went wrong?
The calls for banning engineered stone‘s importation are curious and likely to be acted on later this week.
Politicians, unions and some OHS associations have undertaken a risk assessment and determined that elimination is the most effective harm prevention strategy. Previous risk assessments of silicosis have been reported on in this blog for some time without banning the material. The risks have not changed even with increased inspection and enforcement. So what has changed? Politics.
This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.
New South Wales may follow if the Labor Party wins the March 2023 election
Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.
Continue reading “Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]”Australia’s newspapers have recently reported on the moves by the Federal Government to review the safety and working conditions of the country’s truck drivers. As expected, The Australian newspaper is painting this as the Government paying back its ideological and financial backers – the trade unions – and the resurrection of the Road Safety Remuneration Tribunal (RSRT), even though the Government denies this will happen.
Occupational health and safety (OHS) sits behind some elements of the debate. As with most things OHS, it will not be a game-changer in a discussion over pay rates and minimum standards, but it is a serious consideration, and deservedly so.
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