Category: government

One death may be too many, but it remains a prerequisite for Industrial Manslaughter laws

Source: Luke Hilakari on Facebook

In Victoria there is much anticipation about the introduction of Industrial Manslaughter (IM) laws to the Parliament. Yesterday Minister for Workplace Safety Jill Hennessy and others hosted a meeting for some prominent IM advocates and trade unionists. Part of the reason for the meeting was that this week was the tentative date for the introduction of the IM laws to Parliament. The latest strong rumour is the Victorian Government has privately conceded that the Bill will not pass this year as expected and the Premier is moving to Plan B.

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Consumer Product Safety System review should be on the OHS radar

Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.

This consultation is a direct result of the recent review of Australian Consumer Law:

“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”

page 7

The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.

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One safety quandary solved by Consumer Law. What others are possible?

Caesarstone original quartz for kitchen, bathroom surfaces, benchtops, splash backs and kitchen Island

Last week the Australian Government accepted the recommendations of the Australian Competition and Consumer Commission (ACCC) about improving the safety of quad bikes. But the improvement in safety came not through occupational health and safety (OHS) laws but the Australian Consumer Law so how could the ACL help improve workplace health and safety further? After a quick look at how the quad bike recommendations have been received, the potential of the ACL is considered in relation to silicosis.

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The reluctant acceptance of quad bike safety changes

One important stage in improving the safety of farm vehicles was completed on October 10 2019 with the acceptance by the Australian Government of recommendations to make Operator-Protection Devices (OPD) mandatory for all quad bikes in Australia. That decision is a substantial achievement that many have lobbied, and fought, over for many years, but it will not save every farmer’s life as quad bike use has always only ever been one part of the occupational health and safety (OHS) risks on farms.

The Australian Government’s recent announcements on this issue have also been a little odd.

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Shared Values, Social Values and Safety Values

Last week, the Shared Value Project launched its whitepaper called “Creating Shared Value, the Business Imperative to Improve Mental Health in Australia.” It is an interesting document that is part of the trend of reconfiguring capitalism, the decline of neoliberalism, talk of a “social licence”, Environmental, Social and Governance (ESG) and more. Depending on one’s position on capitalism, this makes it part of the wave of change or another failed humanitarian action in the wake of that capitalism.

Several people spoke at the launch, including Professor Allan Fels and the Victorian Minister for Mental Health, Martin Foley.

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Business Leaders hear about the Vic Government’s OHS achievements, and about OHS is the Arts

Cameron Ling and Claire Spencer (top) and Natalie Hutchins (below)

October is Australia’s workplace safety month. It operates under different names in different States, but they all started on October 1 2019. These months are almost exclusively about marketing and SafetyAtWorkBlog’s Inbox has received a lot of generic statements about the importance of occupational health and safety (OHS) but with little information about how to improve it. The best we can do about this is to seek knowledge in some of the physical events and seminars scheduled during October.

On October 2 2019, WorkSafe Victoria held a Business Leader’s Breakfast at which there were two featured speakers – the Parliamentary Secretary for Workplace Safety, Natalie Hutchins, and the CEO of Arts Centre Melbourne, Claire Spencer. Hutchins spoke about the occupational health and safety achievements of the Victorian Government and Spencer spoke about the significance of the Arts Wellbeing Collective. They provided a good mix of politics and practice.

Hutchins spoke about

  • Silicosis
  • Hazardous Chemicals and Dangerous Goods
  • Workplace Manslaughter Laws, and
  • Mental Health.
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Talk business, talk safety

Successful management of occupational health and safety (OHS) requires reciprocal, active dialogues between workers and their managers. In OHS terms this is Consultation. To provide some structure to that consultation, it is becoming more common to designate some workers as “Safety Champions”.

This October, Safe Work Australia is promoting its National Safe Work Month urging everyone to be a “Safety Champion”. This is more about the act of championing safety than having a Safety Champion title. In the past, SWA has used alternate terms such as “Safety Ambassador” but it still struggles to enliven the conversations about OHS in workplaces, partly because of its passive messaging.

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