Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]

This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.

New South Wales may follow if the Labor Party wins the March 2023 election

Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.

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Extreme heat

Global warming is affecting how we work just as much as how we live. Working in Heat policies are designed based on experience rather than meteorological and climate forecasts, meaning these documents are always chasing reality and not getting ahead of the occupational hazard.

On January 19, 2023, Steven Greenhouse (coincidental name) looked at the topic of working in extreme for Nieman Reports writing that:

“High heat can be a big problem for the nation’s workers, not just farmworkers and construction workers, but delivery workers, utility workers, landscaping workers, and warehouse workers.”

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Organisational and self-help advice on burnout

One of the best books about burnout is Jennifer Moss‘ “The Burnout Epidemic“, which this blog wrote about in April last year. A recent book on burnout and self-help caused me to revisit Moss’ book, and one of the chapters that I missed last year seems to explain the popularity of the self-help approach.

Moss writes about the organisational and structural workplace factors that create and perpetuate workplace stress and related poor mental health. However, one of the last chapters is titled “Take Care of Yourself, Too”. Moss writes:

“Self-care won’t fix broken organizational systems, but it’s the part we can control in a world full of the uncontrollable.”

page 213
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Don’t mention profit

The primacy of profit to employers is an accepted truth. However, the size of the profit and the pathway to those profits are not absolutes, and it is in this latter context that occupational health and safety (OHS) lives.

Even though profit is a business truth, it is often a word that business representatives seem to fear. They speak of profit through synonyms like “productivity” and “competitiveness”. An example of this timidity or wariness was displayed recently by prominent businessman Michael Angwin in an opinion piece in the Australian Financial Review (paywalled) that contained many other cautious words of business jargon. Angwin misses the harm to workers and others generated by the world as he sees it.

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Who’s to blame?

All occupational health and safety (OHS) advocates should be reading the work of Jordan Barab. His latest article on “blaming the workers” for their own incidents is a great example of his writing. The article also illustrates one of the things about OHS that really gets up the noses of employers – if we don’t blame the workers, we have to blame the employers. An Australian answer to the situation would be Yeah, Nah.

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C-Suite is disinterested in OHS

Consulting firm KPMG has released its annual survey report on the concerns of corporate executives called “Keeping us up at night – The big issues facing business leaders in 2023”. Occupational health and safety (OHS) fails to get a mention. (So much for the attitudinal impact of Industrial Manslaughter laws!) But then neither does “mental health” nor “sexual harassment“.

The KPMG report may accurately reflect executive priorities, but it may also reflect a denial of reality.

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A fair dinkum fair go?

A New Work Relations Architecture is a radical book for Australia. Radical because its authors are proposing industrial relations reform, and Australia has had very little of this since Prime Minister John Howard‘s attempt with Workchoices in 2005. Radical also because it has taken inspiration from the Robens approach to occupational health and safety (OHS) laws.

The new “architecture” (thankfully, the cliche of “ecosystem” was not used) is described as:

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