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”
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
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),
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.
Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018. Some were expected but others will cause concern, primarily, for business owners. Perhaps the major concern is that these commitments are to be rolled out nationally.
South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA, is being investigated by that State’s Independent Commissioner Against Corruption (ICAC). SafeWorkSA has been subjected to several inquiries over recent years but the current ICAC one is perhaps the most significant, and one that is generating a lot of local discussion, and that should be watched by all OHS professionals, Regulators around Australia.
It is important to note the specifics of the Inquiry or “Evaluation”.
Several of the articles in the Safety At Work special edition on Industrial Manslaughter mentioned in a previous post were from a July 2004 Building Trades Unions Conference at which Reverend Fred Nile, Katy Gallagher and John Della Bosca spoke. Below are some of the interesting quotes raised but before we reach them, in August 2004, the Federal Government, through its then Minister for Employment and Workplace Relations, Kevin Andrews, issued a media release saying:
“This is in stark contrast to the ACT’s punitive industrial manslaughter law which simply places employers and employees in an adversarial workplace setting. Industrial manslaughter laws are unnecessary and can only create uncertainty for employers and employees.”