executives – Page 24 – SafetyAtWorkBlog

Victoria’s Workplace Manslaughter laws are a misdirection

On July 1, 2020, Victoria receives the Workplace Manslaughter laws that it missed out on by a bee’s whatsit in 2002. Premier Daniel Andrews will complete another election pledge and will be seen as a champion for Victoria’s workers. The Workplace Manslaughter laws will provide some bereaved relatives with comfort and a belief that bad employers will be punished for neglecting their occupational health and safety (OHS) duties to provide safe and healthy work environments. Punishment is possible, but unlikely.

The first thing that Victorians need to understand is that Workplace Manslaughter laws are not about OHS, they are about politics. It is no coincidence that both Queensland and Victoria’s Workplace Manslaughter laws emerged during election campaigns. Both branches of the Australian Labor Party (ALP) needed to say something about workplace relations that did not involve the hotbed of industrial relations, especially when so much IR change would bring in National politics.

OHS allows people to talk about IR without the trade union politics. OHS is not about money, it is about quality of life and who, in politics or elsewhere, will say that deaths at work are an acceptable consequence? The ALP leaders were on a winner and were able to take some moral high ground and criticise business groups on an issue against which business leaders could not argue.

WorkSafe and Industrial Manslaughter webinar

On May 19, 2020, WorkSafe Victoria conducted an interactive webinar on Workplace Manslaughter laws due to be in place from July 1, 2020. The webinar was very good for those who are coming to the issue anew as the level of interaction was excellent. But the webinar also broadened beyond its topic, which was disappointing. At 90 minutes the event was too long, but revised versions of this consultation with the community should be scheduled regularly, even when physical distancing rules end.

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Work that is meaningful, secure and safe

Occupational health and safety (OHS) is integral to how work and job should be designed in the post-COVID19 world, but you wouldn’t know it from the current discussions in the media. On May 13, 2020, the day after a major economic statement from Treasurer Josh Frydenberg, Jennifer Westacott, Chief Executive of the Business Council of Australia, told ABC Radio that:

“…. there’s some pretty sobering numbers that the Treasurer gave yesterday and fundamentally I think we’ve all got to come back to basics here. This is about people’s lives and so what we have to do, as the kind of leadership dynamic, is to focus on getting people back to work and getting them into secure and meaningful work.
emphasis added

It is not unreasonable to add safety to that “secure and meaningful work”.

OHS fits into this phrase in many ways, but one of particular note is job security and its links to mental health, especially as mental health has been a policy priority repeatedly identified by Prime Minister, Scott Morrison, and others.

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If staff are “going to hit the wall”, redesign the wall

On May 11 2020, the Australian Financial Review’s back page ran an article (paywalled)about how “corporates” are becoming aware of mental health risks due to the COVID19 disruption. It is a good article but also one that reveals the dominant misunderstanding about mental health at work and how to prevent it.

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Trying to make the horse drink

The discussions about occupational health and safety (OHS) and its relevance to COVID19 has finally touched the mainstream media with an article in The Age newspaper on May 7, 2020. The article is largely a reiteration of statements made by the Australian Council of Trade Unions (ACTU) and the Minister for Industrial Relations over the last few days but it is the first time that Safe Work Australia (SWA) has joined in.

The Chair of Safe Work Australia, Diane Smith-Gander has stated that additional regulations may have unintended consequences. She is quoted saying:

“We’ve got to let that system operate,… If we try to over-regulate and over-legislate, we will have unintended consequences for sure.”

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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Lessons from the US

The current COVID19 pandemic has presented businesses with a confusing risk challenge. Is the risk of infection a public health issue or an occupational health and safety (OHS) issue? The easy answer only adds to the confusion – it is neither and both.

In relation to epidemics and pandemics these are public health risks within which the OHS risks must be managed. In Australia, many of the OHS regulations and agencies were slow to provide the level of detailed guidance that employers were requesting and this was partly due to the regulators and agencies having to scramble together working groups and experts to rapidly produce such guidance. The situation in the United States offers a useful and reassuring comparison to how the Australian governments have responded but also offers OHS lessons for Australian employers.

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Category: executives

Victoria’s Workplace Manslaughter laws are a misdirection

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WorkSafe and Industrial Manslaughter webinar

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Work that is meaningful, secure and safe

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If staff are “going to hit the wall”, redesign the wall

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Trying to make the horse drink

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Jail or Ruin? Is deterrence still effective?

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Lessons from the US

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