Category: enforcement

Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing death and failing to comply with a health and safety duty of care, according to one media report.

There are many occupational health and safety (OHS) lessons from Smith’s death, but one of particular note is that the South Australian Police and SafeWorkSA conducted a joint investigation. Deputy Commissioner of Police Linda Williams said, in a media release:

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Safety (funding) differently

When Tony Abbott was the (Liberal) Prime Minister, he reduced the commonwealth grants program substantially as part of his austerity and “debt” and deficit” strategies. This resulted in defunding many occupational health and safety (OHS) support and research units of trade unions, industry associations, etc. OHS has been poorly served ever since. The new (Labor) government has an opportunity to resurrect some of these OHS units by allocating some level of funding and, perhaps, expanding it beyond the traditional consultation triumvirate.

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Notifiable psych injuries may be what’s needed

Recently the Victorian Government proposed six-monthly reports on psychologically hazardous incidents from employers to the OHS regulator, WorkSafe. The aim is to improve the pool of data available to the government in order to tailor harm prevention and reduction initiatives and a red tape campaign from employers is expected. These incident summaries are not the same as reporting a Notifiable Incident to WorkSafe but the notifiable incidents categories are overdue for a review and, maybe, an expansion.

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Lessons for many in the prosecution of Pipecon

The prosecution of Pipecon over two of its workers who died in a trench collapse in March 2018 has opened in Ballarat’s County Court this week. Day one of the plea hearing was reported in the local newspapers and provided details of the circumstances of the events leading up to the deaths of Charlie Howkins and Jack Brownlee.

The investigation of Pipecon generated great bitterness in Ballarat and not only for the Howkins and Brownlee families. There were strong rumours that Pipecon would plead not guilty and argue that their workers were responsible for the trench collapse. Understandably people were angry that the responsibility for the worksite would be transferred to the dead workers.

Several weeks ago, the Court heard that Pipecon would plead guilty to breaches of the Occupational Health and Safety (OHS) Act. Those alleged breaches are being presented in the current plea hearing. As the case is being heard in the County Court, in time, additional details of the findings of the Court will be publicly released, as opposed to cases heard in the Magistrates’ Court.

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OHS seen as not up to the task on sexual harassment

Then submissions to the Senate Committee inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill reveal some interesting perspectives on occupational health and safety (OHS) from Australian businesses and other organisations.

The Kingsford Legal Centre says this of the work health and safety approach to sexual harassment:

“WHS law is designed to manage work health and safety risks which are many and varied and are distinct from gendered violence and discrimination. Many cases of sexual harassment and sex discrimination are not an easy fit for the WHS framework. WHS legislation is state and territory based and relying on WHS legislation does not address the Commonwealth’s international human rights obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In also not naming the gendered nature of the issue, WHS law risks overlooking keys to prevention and culture change which are central to the Respect@Work Report.
While WHS processes may in some cases run parallel to complaints of discrimination or sexual harassment, there are fundamental ways in which WHS law differs in the management of claims. Most obviously there is not a clear process for people who have experienced discrimination and harassment to be allowed to speak through a conciliation process about the impact of such behaviour on them and seek specific forms of redress. We know from our research in this regard that this process is important in resolving complaints impacting on human rights and reflects a complainant-centred process. WHS law does not approach injuries in such a way.”

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Forces amass against the prevention of workplace sexual harassment

Most of Australia’s media has cooled its reporting on the sexual harassment law reforms championed by the Sex Discrimination Commissioner, Kate Jenkins. Partly this relates to revised laws being proposed in Parliament later this year and that are currently subject to a Senate Committee Inquiry. The media coverage on the proposed laws and the senate inquiry has been thin with only the Australian Financial Review (AFR) giving it any serious attention.

However, research reports on sexual harassment in Australian workplaces continue to appear and the transcripts of the Senate Committee’s public hearings are publicly available, as are the submissions made by, primarily, business and law organisations. What is missing is the involvement of the occupational health and safety profession.

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Political attack falls flat

There is an animosity between the Liberal Party in Victoria and some of its sympathetic media and WorkSafe Victoria, particularly aimed at the CEO, Colin Radford. Most of this has been played out in the mainstream media, but recently, in the Public Accounts and Estimates Committee (PAEC) of the Victorian Parliament, the Deputy Chair, Richard Riordan (Liberal), slagged off WorkSafe and Radford over Victoria’s Hotel Quarantine Program. His attack was ineffective and showed a lack of understanding of WorkSafe’s enforcement role and occupational health and safety (OHS) laws.

This performance overshadowed some of the points being made by the Minister for Workplace Safety, Ingrid Stitt (ALP), in the hearing. However, she omitted the upcoming imposition of on-the-spot fines.

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