The end-of-year reviews are starting to emerge from Australia’s law firms. The most recent release is from Maddocks, who have released several short reports on occupational health and safety (OHS) hazards and suggested controls for employers to apply. So this is a year-in-review for 2022, but it is also a forecast of what needs to be changed in 2023.
November 2022 was a very busy month of politics (and a football World Cup) which distracted many of us from our usual monitoring of OHS announcements. Below is a summary of some of those from the last couple of weeks.
The South Australian Parliament has sent its Work Health and Safety (Crystalline Silica Dust) Amendment Bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for inquiry and report.
The issue of quad bike safety has largely disappeared from the mainstream media. This is largely due to the decline in opposition to installing Crush Protection Devices (CPD) on newly-purchased quad bikes in line with the Australian Competition and Consumer Commission (ACCC) mandated safety standards. On November 24 2022, the ACCC released statistics that showed the success of applying an Engineering Control (the CPDs) favoured by the safety advocates over the Administrative Controls (training, signage and dynamic riding) favoured by the manufacturers and their lobbyists.
The quad bike safety saga in Australia, in particular, is a textbook study of farm politics, globalisation, belligerence, the ownership of evidence, the macho culture of independence, manipulation of consumers, ineffective politics, ineffective occupational health and safety (OHS) arguments, the power of money and more. (There’s an important book challenge to anyone who has the time and the resources)
The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.
If you needed confirmation that the mainstream media is disinterested in occupational health and safety (OHS) unless there is a disaster or the incident can be narrowly categorised as sexual harassment, bullying or suicide, last week, the Australian Parliament passed important amendments to the Model Work Health and Safety laws. It seems OHS cannot compete with sexual harassment laws (I’m okay with that) or Industrial Relations (or Australia’s wins in the World Cup).
On December 1 2022, Workplace Relations Minister Tony Burke‘s Second Reading Speech included the removal of insurance policies that could pay for financial penalties awarded against OHS breaches and a pledge to put Industrial manslaughter back on the national agenda.
Australia has yet to offer a good reason for hazardous engineered stone products not being banned from import and use. On November 23 2022, Australia’s most influential construction union, the CFMEU, stated that it would ban these products from mid-2024 if the Federal Government does not. Trade unions no longer have the level of influence or numbers to achieve these sorts of bans. As with asbestos many years ago, such campaigns risk taking more credit for the potential occupational safety and health reforms than they deserve.
One of the most contentious occupational health and safety (OHS) elements of industrial relations negotiations is the issue of working hours. And one of the most effective ways to prevent physical and psychological harm is by talking about working hours. The evidence for harm from excessive and often unpaid hours is clear, but some assumptions crop up in the debate every so often.
Two recent books, one by David Graeber & David Wengrow and another by Daniel Susskind, offer reminders of these issues and are useful adjuncts to the Australian research on precarious work by Michael Quinlan, Phillip Bohle and others. ( A Guardian review of Graeber & Wengrow is available here with one from The Atlantic here, Susskind here and here)
