Ross Gittins is a prominent Australian economics journalist. In The Age on September 20, 2023, he wrote an article about the recent spate of corporations being prosecuted and penalized for breaking the law. Many of his points can also relate to companies and executives breaking occupational health and safety (OHS) laws.
Continue reading “Toothless enforcement”Category: enforceable undertaking
Engineering controls are possible, and they save lives
The issue of quad bike safety has largely disappeared from the mainstream media. This is largely due to the decline in opposition to installing Crush Protection Devices (CPD) on newly-purchased quad bikes in line with the Australian Competition and Consumer Commission (ACCC) mandated safety standards. On November 24 2022, the ACCC released statistics that showed the success of applying an Engineering Control (the CPDs) favoured by the safety advocates over the Administrative Controls (training, signage and dynamic riding) favoured by the manufacturers and their lobbyists.
The quad bike safety saga in Australia, in particular, is a textbook study of farm politics, globalisation, belligerence, the ownership of evidence, the macho culture of independence, manipulation of consumers, ineffective politics, ineffective occupational health and safety (OHS) arguments, the power of money and more. (There’s an important book challenge to anyone who has the time and the resources)
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You don’t have to talk about OHS to talk about OHS
On November 16 2022, Tony Burke, Minister for Employment and Workplace Relations, spoke at the National Press Club in Canberra. Although his portfolio has occupational health and safety (OHS), workplace health and safety was mentioned only once in passing. In this instance, that’s okay because he is trying to pass a major piece of industrial relations (IR) law. But some of his speech raised issues related to work or how businesses are managed, which do have important OHS contexts.
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Action on Health and Safety is always a choice
Last week epidemiologist Hassan Vally wrote one article in The Age called either “Health or economy a false choice” or “COVID caution can be a win for both public health and business” (paywalled), depending on the sub-editor and format. Curiously one has a negative implication, the other, the opposite. Either way, the article illustrates the public health dichotomy that mirrors that of occupational health and safety (OHS).
OHS often requires a decision between profit or production and safety. Public Health deciders need to consider the interests of the public and the duties of government. I prefer the former headline because it states that this decision is a “choice”. Safety, occupational or public, is always a choice.
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Look to Enforceable Undertakings for OHS lessons
There are more work health and safety lessons from a Near Miss incident than a workplace death. There is also more information about how occupational health and safety (OHS) should be managed in an Enforceable Undertaking (EU) than there is from a prosecution.
Recently there were several EU’s in Queensland that illustrated these OHS management lessons. Here’s a discussion about one of them
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Will workplace psychological regulations work?
Recently the Victorian Government released its proposed Occupational Health and Safety Amendment (Psychological Health) Regulations supported by a 106-page Regulatory Impact Statement (RIS) written by Deloitte Access Economics. Public consultation and submissions are welcome up to the end of March 2022.
These regulations have been promised by the Victorian Government for some time and are likely to be debated in Parliament later in this (election) year. The RIS raises substantial questions, but the Regulations stem from primarily a political decision, so those political promises need to be examined.
This is the first of a series of articles on psychological health and the proposed regulations over the next few days.
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Repeat OHS offender but you wouldn’t know it
Recently WorkSafe Victoria successfully prosecuted Midfield Meats International over an occupational health and safety (OHS) breach described as:
“a labour hire worker was hit by a reversing forklift as he was stacking cardboard sheets against a wall. The worker’s legs were crushed between the forklift and a steel barrier. He was taken to hospital and suffered nerve damage to his lower legs.”
The company pleaded guilty and was ordered to pay costs of $2000. In a media release, WorkSafe’s Executive Director of Health and Safety, Julie Nielsen, said
“This incident should serve as a wake-up call to this company and to others that it is simply unacceptable for pedestrians and mobile plant to mix…..”
But as OHSintros noted on a Facebook post about the prosecution, the Midfield Group is well known to WorkSafe, with OHS prosecutions going back to at least 2004 which attracted around $280,000 in fines, the largest penalty $95,000 in 2019. So it is worth a brief look at the OHS profile of the Midfield Group.
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