On October 29 2018, RMIT University and the Safety Institute of Australia conducted a forum on Industrial Manslaughter laws. The mix of presenters offered a respectful discussion on the issue but also illustrated where such proposed legal changes fit. The event was organised and hosted by Gloria Kyriacou-Morosinotto whose introduction listed the questions we should all be asking about the Industrial Manslaughter laws proposed for Victoria.
In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were “referred to the WHS Board” for further consideration (footnote page 3).
On 17 October 2018 the Senate Education and Employment Committee’s report into industrial deaths similarly recommended the Commonwealth, State and Territory governments:
“amend the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;” (Recommendation 21, page xi)
Given the
The Senate Committee inquiry into industrial deaths has released its report which, amongst many things, recommends the introduction of Industrial Manslaughter laws. At the end of this year, Marie Boland will present government with the final report of her review into Australia’s work health and safety (WHS) laws.
Before all this, in September, in Perth, Stephanie Mayman told a safety conference in Perth that:
“… I think we’re about to see industrial manslaughter recommended by Marie Boland.”
Boland has heard a lot about Industrial Manslaughter
The Australian Senate inquiry into Industrial Deaths has released its findings in a report called “They never came home—the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“. For those who have followed the inquiry, there are few surprises but the report presents big political challenges, particularly as a Federal Election must occur no later than May 2019.
It has been increasingly common for such Senate reports to include, not necessarily, a Minority Report, but an alternative perspective on some issues. Sometimes these reports show dissent in the Committee but more often than not these are statements that are aimed
Many have been claiming that the era of neoliberal economics and the associated politics is over or, at least, coughing up blood. However, occupational health and safety (OHS) is rarely discussed in terms of the neoliberal impacts, and vice versa, yet many of the business frustrations with red tape, regulatory enforcement strategies, reporting mechanisms and requirements and others have changed how OHS has been managed and interpreted.
One of the most readable analyses of neoliberalism in Australia comes from
Inaccurate or insufficient data about occupational health and safety (OHS) plagues the decision-making of governments and business, and OHS professionals. Technology has provided some hope on better datasets but only for the analysis of data, not necessarily the quality of that data. Workplace incidents and issues continue to be under-reported, especially non-traumatic incidents. The Global Reporting Initiative (GRI) offers a framework for better reporting of OHS issues and incidents which also improves the credibility of companies, helping to regain the trust of the community.
Recently, GRI released its latest
The 2018 Comcare conference currently happening in Melbourne Australia is a mixed bag, perhaps as conferences should be. There is a mix of useful information and perspectives but this has also led to mixed messages.