Families of the Dead speak to government

Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered.  The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments.  It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.

The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old 

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Paula Schubert was bullied before her suicide

In November 2016, 53-year old Paula Schubert hanged herself. On July 25 2018 the Northern Territory Coroner Greg Cavanagh described the behaviour of managers at her employer, the Norther Territory Department of Children and Families/Territory Families as bullying.

The full Coronial Findings are an important read for any organisation to understand how managerial activities and attitudes can negatively affect workers. 

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What Boland’s Independent Review has been hearing

On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA).   Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.

According to Boland’s presentation (not available online),

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OHS outcomes of ACTU Congress 2018

Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018.  Some were expected but others will cause concern, primarily, for business owners.  Perhaps the major concern is that these commitments are to be rolled out nationally.

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Trade unions need to look for change beyond legislation

Danny Glover addressing the ACTU Congress on July 16 2018

The 2018 Congress of the Australian Council of Trade Unions (ACT) is happening in the middle of a campaign to “Change the Rules”.  These “Rules” are largely concerning with industrial relations, of which Occupational Health and Safety (OHS) is a subset, or complementary, element. Legislation constantly needs challenging and review; much legislation, like Australian Standards, misses their expiry dates and persists too long,  becoming increasingly seen as irrelevant.

OHS has the “luxury” of having been reviewed nationally within the last decade.  For some Australian States this change was progressive but for most it was a catch up to contemporary standards and expectations.  OHS laws have not progressed since and a lot of hope is placed on the current Independent Review of Work Health and Safety (WHS) laws to enliven the discussions, yet that report is not due until 2019.

Trade unions have a great deal of faith in legislation to achieve change.  

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Does using the Big Stick work?

Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making.  Imposing harsh consequences is hoped to change the behaviour of companies and individuals.  Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance.

The Australian Senate’s current inquiry

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There but for the Grace of God ….. the “evaluation” of SafeWorkSA

South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA, is being investigated by that State’s Independent Commissioner Against Corruption (ICAC).  SafeWorkSA has been subjected to several inquiries over recent years but the current ICAC one is perhaps the most significant, and one that is generating a lot of local discussion, and that should be watched by all OHS professionals, Regulators around Australia.

It is important to note the specifics of the Inquiry or “Evaluation”. 

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