Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available.  They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.

A major purpose of any penalty is to deter harmful and damaging actions from being repeated.  SAC reiterates that any sentence 

  • deters the offender and others from committing similar offences;
  • punishes the offender in a just manner;
  • facilitates the rehabilitation of the offender;
  • denounces the behaviour that the offender engaged in, and
  • protects the community from the offender. (page 7)

The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:

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Let’s talk about Zagi

Zagi cried. I cried, and the conference delegates cried. Zagi Kozarov‘s presentation at the Psych Health and Safety Conference was confronting, disturbing, and a highlight. Occupational health and safety (OHS) conferences often hear from survivors of physical work injuries and, usually, wives of deceased workers, but Kozarov spoke of the injustice she faced from her managers in an industry sector that few would want to work – the (then) Specialist Sex Offences Unit of the Office of the Public Prosecutor (OPP). What she saw at work was horrific, but the job was less the source of her mental anguish than the negligent treatment she received from her managers.

Caution: this article mentions sexual abuse and assault.

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Psychosocial incidents to be notifiable in Australia

The CEO of Safe Work Australia, Marie Boland, told delegates of the Psych Health and Safety Conference in Sydney on June 19 2024 that psychosocial injuries are likely to be notifiable to occupational health and safety (OHS) regulators, including instances of work-related suicide.

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The psychosocial message may be getting through

Recent Australian insurer Allianz released survey data that revealed:

“….half of surveyed Australian employees claim they feel fatigued and burnt out”.

This report generated a recent article (paywalled) in the Australian Financial Review (AFR), which included some important comments from Dr Rebecca Michalak. Her comments are an important introduction to a week that includes SafetyAtWorkBlog’s exclusive reporting on The Psych Health & Safety Conference.

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Broadening the OHS perspective

Over the last decade, the occupational health and safety (OHS) profession has been challenged by a new perspective on OHS and its professional interaction with it. Safety Differently, Safety II or some other variation are important and intriguing variations, but they seem to remain confined to the workplace, the obligations of the person conducting a business or undertaking, and/or the employer/employee relationship. The interaction of work and non-work receives less attention than it deserves.

Many OHS professionals bemoan OHS’ confinement to managerial silos but continue to operate within their own self-imposed silo. One way for OHS to progress and to remain current and relevant is to look more broadly at the societal pressures under which they work and how their employees or clients make OHS decisions. Some recent non-OHS books and concepts may help.

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Day One – more useful than not

A short report on Day One* of the Australian Institute of Health and Safety’s (AIHS) National Conference in Melbourne. Given a previous blog article asking for new thinking, new approaches etc. Has the Day One satisfied me? Selectively, Yes.

The keynote speaker, Richard De Crespigny had an extraordinary tale to tell about safely landing a heavily damaged passenger aircraft over a decade ago. Some delegates would have been familiar with De Crespigny’s presentation as many of his points had already been made in a recent article in the AIHS’ journal. More on his presentation in a future article.

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OHS needs to face some moral questions

Regular readers may have noticed that I want to push the occupational health and safety (OHS) profession to think deeper and more broadly about their usually chosen career’s political and socio-economic context. The reasons for OHS’ overall lack of success in making work and workplaces safer and healthier are not only within those locations and activities but also in the limitations that many OHS people place on themselves.

More and more, I look outside the existing OHS research and trends for explanations of why OHS is treated shabbily by employers and corporations and, sometimes, the government. A new book on Growth by Daniel Susskind is helping in this quest. Below is an extract from the book that, I think, helps explain some of OHS’ predicament.

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