enforcement – Page 12 – SafetyAtWorkBlog

The potential of undocumented safety

SafeWorkSA’s CEO, Martyn Campbell, is fast becoming the highest profile occupational health and safety (OHS) regulator in Australia, partly because he has committed to communicating with stakeholders. Recently on the SafetyOnTap podcast Campbell, spoke about non-paper-based compliance. Given the current attention to safety clutter by David Provan and Greg Smith, his comments deserve some brief consideration.

Campbell was speaking about the importance of formalising OHS investigations through ICAM or root cause analysis and how proof of safety compliance comes through paperwork:

Tough but short-term

A toxic fire in an industrial district creates plumes of dangerous smoke billowing up into the air as seen from behind a near by warehouse building, 2019. Credit:Christopher Freeman

Melbourne, Australia has recently suffered several notable factory fires that resulted from unsafe storage of chemical wastes. These fires have resulted in toxic fumes across residential suburbs, environmental damage to local waterways and some injuries to workers. Victoria’s Minister for Workplace Safety, Jill Hennessy has responded by increasing penalties for breaching occupational health and safety (OHS) laws. This is a good short-term measure and indicates to the community that their government is doing something but is not a sustainable prevention strategy.

WA Budget

Western Australia’s transition to harmonising with the Model Work Health and Safety laws is progressing, according the recently released Budget Papers for 2019/20.

Volume 1 of Budget Paper No 2 lists some significant issues for the Government and specifically the Department of Mines, Industry Regulation and Safety:

Victims of industrial crime

On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.

The Age newspaper reports

“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”

and that

“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”

Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.

The party politics of safety

The Safety Institute of Australia, commendably, approached the major political parties running in Australia’s current federal election campaign. Only the Australian Labor Party (ALP) responded to the SIA, but the policy documents of the Australian Greens and Liberal and National Parties are available online and their relevance to occupational health and safety (OHS) deserves attention.

The ALP information should be familiar to SafetyAtWorkBlog readers:

• “Show national leadership and meet with work, health and safety ministers from across Australia in the second half of this year to decide on the best course of action of the recommendations to come out of the Boland review.
• Work with state and territory governments to implement a harmonised industrial manslaughter offence.
• Establish a national advisory committee made up of representatives from each state and territory who have been personally impacted by a serious workplace injury or death to develop recommendations for federal, state and territory governments to act upon.”

Dust clouds on kitchen benchtops

The Victorian Premier, the Minister for Workplace Safety, *Dr Ryan Hoy* and others at the silicosis announcement

The Victorian Government has announced that various safety initiatives are being taken on the silicosis risks associated with products described as synthetic stone. This initiative is an important first step in reducing the exposure of workers to silicosis but there are some curiosities in the announcement and WorkSafe Victoria’s accompanying Information Sheet.

The core elements of the government’s action are:

“A state-wide ban on uncontrolled dry cutting of materials that contain crystalline silica dust
Free health screening for Victoria’s 1400 stonemasons
A tough new compliance code for businesses working with silica
An awareness campaign to highlight the risks of working with engineered stone”.

Where’s the harm in bullying?

The West Australian Government has released its the report on its Ministerial Review of the State Industrial Relations System. There are a few interesting bits that relate to occupational health and safety (OHS) and bullying.

The Fair Work Commission has been able to accept applications to stop workplace bullying for a few years now. Western Australia’s State system will soon also allow this, if the Government accepts the recommendations, but workplace bullying is a little different from the OHS approach. The report says:

Category: enforcement

The potential of undocumented safety

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Tough but short-term

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WA Budget

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Victims of industrial crime

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The party politics of safety

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Dust clouds on kitchen benchtops

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Where’s the harm in bullying?

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