Category: enforcement

There but for the Grace of God ….. the “evaluation” of SafeWorkSA

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”. 

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Objections, support and deterrence

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.”

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Western Australia opens consultation on WHS laws

On June 28 2018 in the West Australian Parliament, the Minister for Commerce and Industrial Relations, Bill Johnston, progressed the State’s move to towards harmonised Work Health and Safety (WHS) laws.  According to Hansard, Johnston said

“Last July, I formed a ministerial advisory panel to advise on the development of a single, harmonised and comprehensive work health and safety act. The new act will cover all workplaces in Western Australia and be aligned with legislation in other Australian jurisdictions…..” (page 4146, emphasis added)

That WA will have new safety laws to cover all workplaces is a very good move;

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Labour Hire safety challenges

Victoria has passed legislation to licence the labour hire industry. Occupational health and safety (OHS) gets a mention, in some ways.

The objects of this Act seem fairly straightforward:

  • ” to protect workers from being exploited by providers of labour hire services and hosts; and
  •  to improve the transparency”

The explanatory memorandum sounds promising. Clause 23 says:

“Subclause (1) states that if an application for a licence or renewal of a licence is made by an applicant who, at the time of making the application, is conducting a business that provides labour hire
services, the applicant must include with the application a declaration that, to the applicant’s knowledge, the applicant complies with the various laws that are set out so far as they relate to the business to which the licence relates. Examples of
such laws include workplace, taxation and occupational health and safety laws.”

The good news is that OHS is stated as an example of the type of information required in a licence application. 

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Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health and safety (WHS) legislation however it can be argued that the Australian Government, through its supply chain, chain of responsibility and contract management, also has a duty of care to detainees under health and safety laws.

Several recent legal actions and workplace safety guidance indicates that clarification about the duty of care on physical and psychological risks to “others” is overdue.

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We need a safe system of business

Throwing chocolates to delegates, audience participation, push-ups, book giveaways, hand-eye coordination exercises – not the usual elements of the opening keynote speaker of a safety conference.  Day 2 of the Safety Institute of Australia’s recent conference had a more traditional opening with presentations from a State workplace safety regulator and Australia’s occupational health and safety (OHS) agency.  If entertainment is your thing, jump for the chocolates, but if information is why you attend conferences, Day 2 was the better one.

The first speaker was

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An EU donation benefits the NZ OHS profession

Earlier this year the Safety Institute of Australia (SIA) was the beneficiary of funds granted as part of an Enforceable Undertaking (EU) after a company breached occupational health and safety (OHS) laws.  This month it was the turn of the New Zealand Institute of Safety Management (NZISM).

As a result of an OHS prosecution of Fletcher Constructions by WorkSafe New Zealand, an Enforceable Undertaking was agreed to and one of the obligations was a $10,000 donation to NZISM.  The EU says the donation is intended

“… to assist its work in supporting and providing educational development opportunities for health and safety professionals in New Zealand.”

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