Category: enforcement

The review of Australia’s OHS laws starts

In 19 February 2018, Safe Work Australia (SWA) “launched” the independent review of Australia’s Work Health and Safety laws under former Executive Director of SafeWorkSA, Marie Boland.  SWA has released a 49-page discussion paper, a summary and a list of questions.  Below is an initial response to some of those questions.

What are your views on the effectiveness of the three-tiered approach – model WHS Act supported by model WHS Regulations and model WHS Codes – to achieve the object of the model WHS laws?

The structure works well, when business owners know of the relevant documents.

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Industrial Manslaughter laws in Australia are about politics, not safety

The latest push for Industrial Manslaughter laws in Australia has appeared as part of the Tasmanian state election.

The Tasmanian branch of the Australian Labor Party released its policy platform for jobs in February 2018 which makes specific and vague commitments on workplace safety which require scrutiny.

Precarious Work

The Tasmanian Labor Leader, Rebecca White, states that

“Labor is committed to addressing casualisation and the outsourcing of work…”

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Farm newspaper supplement gets a good wrap

The Weekly Times newspaper has included an 8-page wraparound to its 7 February 2018 edition about workplace safety. The supplement is timely, the contents are indicative of cultural and political changes and the supplement is a nice summary of the multiple hazards and management approaches needed in agriculture (the same as in most industries, really).

Data quoted liberally from

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Victoria is ripe for Industrial Manslaughter laws

The Victorian trade union movement is preparing for the November 2018 State Election with one element of that campaign being the advocacy of Industrial Manslaughter laws.

At the end of January 2018, the unions “kicked off” their campaign with a meeting which reviewed the challenges and wins for injured workers in 2017 and outlined their intentions for 2018. The Industrial Manslaughter Action Kit included a petition which says: Continue reading “Victoria is ripe for Industrial Manslaughter laws”

Hyperbole over new OHS Standard

The hyperbole about ISO45001 keeps coming now that the International Standard for Occupational Health and Management Systems has been finalised and due for publication on March 18 2018.

On February 1 2018, Vic Toy, chair of the US technical advisory group is quoted in EHS Today:

“ISO45001 is one of the most significant developments in workplace safety over the past 50 years, presenting an opportunity to move the needle on reducing occupational health and safety risks…..

The goal was to create a widely accepted standard that can produce a highly effective safety and health management system for an increasingly interconnected world, regardless of an organisation’s size, location, supply chains or nature of work.  It becomes a minimum standard of practice, and a good one at that.”

ISO45001 does have great potential for change but primarily in those countries that have no such standard already and where OHS laws are under-developed or poorly enforced. Continue reading “Hyperbole over new OHS Standard”

Out of Range – Work Risks of Wildlife Protection Officers

by Melody Kemp

 “It was nine at night and the shooters had the advantage of superior fire power and night vision goggles …. We stood no chance. Two friends were killed…”

Source: Project Anoulak

David Paklett, a Wildlife Ranger working in Tanzania pulled up his trouser leg and showed me an ugly red scar that looked a bit like an alien pasted to his skin. It was 2013. We were in Spain’s ancient university town of Salamanca, at WILD 10, a sporadic gathering of wilderness and conservation specialists.  He told me how the year before, he and his colleagues had been in a John Woo style shoot out with Vietnamese poachers. The Vietnamese were overhead in a helicopter, firing at them with automatic rifles. ‘It was nine at night and the shooters had the advantage of superior fire power and night vision goggles.’

His words have stayed with me.

‘We stood no chance. Two friends were killed, and I got this.’ When I looked up, his eyes had the look of someone who was looking back with horror. ‘Did you ever talk about that night with anyone?’ I asked sipping a Rioja red. ‘Who is there to tell?’ David grimaced. ‘It’s part of the job. The game has changed. The Chinese are arming these guys and making sure they get away with the kill. The forces behind them are so powerful and we have no resources.’

Lao Rangers in the Annamite mountain range report the same fear according to Bill Robichaud. ‘Camera traps showed these guys (poachers) to have the latest technology, to be well dressed and armed, with modern communication and GPS gear.’ Continue reading “Out of Range – Work Risks of Wildlife Protection Officers”

SIA receives $50K through Enforceable Undertaking

Enforceable Undertakings (EUs) are increasingly popping up in the prosecution lists of occupational health and safety (OHS) regulators.  A curious one appeared on WorkSafe Victoria’s website in January 2018.

Ardex Australia P/L was prosecuted for breaching OHS laws after a subcontractor was burnt:

“…when a dry powder mixing machine was operated whilst hot metal slag from welding activity was in the plant, causing an explosive dust-air mixture.”

But what is most curious is the EU’s inclusion of a $A50,000 donation to the Safety Institute of Australia (SIA).

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