enforcement – Page 18 – SafetyAtWorkBlog

WorkSafe acts on allegations of gruelling workplace conditions in a Victorian law firm

On October 12 2018 the Australian Financial Review (AFR) published an exclusive article about an investigation by WorkSafe Victoria into excessive working hours at an Australian law firm, King & Wood Mallesons (KWM). The article was later expanded on line.

There are several curious elements of this report that could reflect other workplaces that may experience sudden high workload demands and fatigue. Some seem to see the significance of this article as being less about the workloads and fatigue but more about WorkSafe Victoria’s involvement in an industry sector where it does not usually play.

The Australian Government announced a Royal Commission into the Banking and Financial sectors in 2017. It was created urgently and given only 12 months to conclude its investigations. As a result banks and financial institutions

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CFMEU steps up the OHS pressure

SafetyAtWorkBlog has dipped into the occupational health and safety (OHS) and political issues around the death of Jorge Castillo-Riffo in Adelaide in 2014. On October 4 2018, the CFMEU issued a media release outlining the recommendations it made to the Coronial inquest into Castillo-Riffo’s death. They deserve serious consideration:

Mandatory coronial inquests should be held into all deaths at work, with a mandatory requirement for the reporting of any action taken, or proposed to be taken, in consequence of any findings and recommendations made;

Families should receive funding to be represented;

An independent safety commissioner should be established in SA whose duty it is to review, comment and provide recommendations concerning the safety record of companies who tender for government construction contracts work over $5 million;

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SafeWorkSA described as dysfunctional and immature

South Australia’s Independent Commission Against Corruption (ICAC) conducted its last public hearing into SafeWork SA on August 31 2018. The Counsel Assisting, Holly Stanley, made several recommendations for improving SafeWork SA’s performance and governance, including body cameras for inspectors. Rather than wrapping up the inquiry with this public hearing, Commission Bruce Lander has asked for further submissions about these latest recommendations.

Stanley clearly stated the conditions from which she was making her recommendation such as resource restrictions, previous

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Boland releases Public Consultancy Summary of WHS inquiry

The Independent Review of Model WHS Laws being conducted by Marie Boland released a Public Consultation Summary on August 17 2018. Boland lists the concerns raised with her as including:

“the blurring of lines between WHS [work health and safety], public safety and public health”

“The length and complexity of the Regulations and Codes”

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Families of the Dead speak to government

Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered. The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments. It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.

The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old

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What Boland’s Independent Review has been hearing

On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA). Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.

According to Boland’s presentation (not available online),

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Industrial Manslaughter laws remain muddled

The Australian trade union movement is confident that Industrial Manslaughter laws will be introduced in each Australian State and Territory over the next few years. Recently the Australian Broadcasting Corporation’s Law Report program looked at these laws and their discussion in the current Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“.

Much of the radio program contains a general discussion about workplace fatalities with agreement that the long term trend in workplace fatalities is downwards. But no one seems to know the reason for this trend.

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