enforcement – Page 13 – SafetyAtWorkBlog

Conspiracy accusations over rail construction project

On March 17 2019, a community radio program and podcast “The Concrete Gang” broadcast some comments about occupational health and safety (OHS) on a rail construction site in Victoria, Australia, believed to be the Aviation Rd, Laverton site. SafetyAtWorkBlog attempted to factcheck the accusations.

Construction company McConnell Dowell is providing construction services on various sites for the Level Crossing Removal Project. According to The Concrete Gang:

“… McConnell Dowell level crossing removal have had a few dramas out there what we’ve got is we’ve a live train and they’re trying to put a level crossing in while there’s a live train going. They normally do what we call a shutdown which is an occupation where they shut down the line and they’re lifting concrete beams and build a bridge. Well McConnell Dowell in their wisdom are trying to do it between 10-minute stops…”

“….the workers on the job have got issues because they’re obviously lifting precast elements over trains and there’s obviously no safety…”

Labour Hire licencing scheme to be rolled out in Victoria

Labour Hire Authority Commissioner, Steve Dargavel,

Labour Hire is almost always seen in purely commercial terms of salaries, business costs, production rates, labour availability, migrant workers, and more. Occupational health and safety (OHS) is often seen as an add-on, a term that is included in a media story because it should be, not because the author has really thought about it or sees OHS as legitimate.

Australian States are beginning to introduce certification/regulations schemes for the Labour Hire industry as a result of the exposure of workplace abuses in this labour supply process. Not all States though. Queensland has one that has been running a year or so, Victoria’s is open for registration applications at the end of April 2019 and full operation before the end of 2019; South Australia began its system, but an election changed the political priorities and that scheme is in limbo. The other States are unclear on their preferences, but it is clear that there will be no national labour hire scheme.

Victoria’s Labour Hire Authority (LHA) Commissioner, Steve Dargavel, has just started his roadshow for explaining what the regulations are all about, how to apply, what it will mean and what it will cost. Importantly OHS and workers’ compensation are integral parts of the scheme and therefore part of what the LHA Inspectors will be looking at and enforcing.

Industrial Manslaughter laws for NSW? Sizzle but no steak

Some trade union and occupational health and safety (OHS) newsletters are stating that the New South Wales Labor Party has pledged to introduce Industrial Manslaughter laws should it win this weekend’s State Election. Looking at the actual pledges shows the commitment may not be as solid as some expect and others hope.

The NSWLabor website related to workplace safety matters seems to make no commitment for the introduction of Industrial Manslaughter laws, only to discuss laws and penalties in comparison to the penalty for manslaughter under other laws:

Scarlet M for Manslaughter

In March 2019, the Northern Territory government released its “Best Practice Review of Workplace Health and Safety in the Northern Territory”. This report was written by Tim Lyons who reviewed the Queensland work health and safety (WHS) Laws not so long ago. Lyons is creating a career path as sustainable as Alan Clayton who seems to have reviewed all the workers’ compensation systems in the Asia Pacific!

There are many similarities between the two reports which is not surprising – same Model WHS laws, same reviewer….. Yes, Industrial Manslaughter laws were recommended but this is almost a pro forma recommendation at the moment, as it has been supported by at least two State governments, recommended in a Senate inquiry into industrial deaths and pragmatically recommended by the Boland Review. In many ways these WHS-related reviews are feeding off each other.

Steady as she goes in Victoria

The annual Safety Institute of Australia (SIA) breakfast was held at the Melbourne offices of Herbert Smith Freehills (HSF). As has become a tradition, a spokesperson for WorkSafe Victoria was the feature presenter and this year that was the very recently appointed Executive Director of Health and Safety, Julie Nielsen. HSF’s Steve Bell also provided an update on OHS laws and national Work Health and Safety (WHS) changes.

Exclusive interview with independent WHS reviewer, Marie Boland

SafetyAtWorkBlog had the opportunity to interview Marie Boland earlier this week after the release of her review into Australia’s Work Health and Safety (WHS) laws. Below is an edited version of that interview.

Marie, thanks for talking to me, it’s a terrific report you’ve produced. What was it like to undertake a national investigation of this type, given that it was pretty much you and just a couple of others?

…It was quite daunting at the beginning, but as I said in the introduction and nothing kind of clichéd about it, it was very much a privilege to be able to do it. And the privilege was enhanced by having the opportunity to go travel all around Australia, and some places I’ve never been before like Tamworth and what it really brought home to me was the diversity of people, workplaces, geography and that these laws are covering and the diversity of people who are dealing with the laws on a daily basis. So, it was certainly a once in a lifetime experience for me I suppose, and maybe a point in history for the laws as well.
I was very much aware throughout the process of my privilege and being able to do it and also the waves of expectation I suppose and this being the first review of the national laws and also very much aware of all the work that went into creating the laws in the first place. And certainly, a lot of the people who put so much effort into that work were still obviously very keen on how they were being applied and as I said I was very conscious of respecting all of that as I went around the country.

Workplace sexual harassment inquiry releases more submissions

The National Inquiry into Sexual Harassment in Australian Workplaces has released another block of public submissions. many of them involve examples of horrible harassment and psychological harm, but several offer research, suggestions for improvement and, a little bit of, prevention.

Those making the recently released submissions seem to be realising that the inquiry’s terms of reference focuses on Australian workplaces.

Non-disclosure agreements and communication barriers

One submission is from Professor Judith Bessant, AM, of RMIT University (Submission 188) in which she addresses the application of Non-Disclosure Agreements (NDAs). NDAs have been in the press lately as some of those who experienced sexual harassment were unable to make submissions to this Inquiry without contravening the NDA they had with their employer. Professor Bessant asserts that

Category: enforcement

Conspiracy accusations over rail construction project

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Labour Hire licencing scheme to be rolled out in Victoria

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Industrial Manslaughter laws for NSW? Sizzle but no steak

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Scarlet M for Manslaughter

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Steady as she goes in Victoria

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Exclusive interview with independent WHS reviewer, Marie Boland

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Workplace sexual harassment inquiry releases more submissions

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