Industrial Manslaughter campaign messages need scrutiny

Recently the State Secretary of the CFMEU Construction & General WA, Mike Buchan, wrote in Construction Weekly about the need for Industrial Manslaughter laws in Western Australia. There are several points made that deserve some assessment and clarification.

He starts by stating that current occupational health and safety (OHS) laws are inadequate. This may be the case, but as Nicole Rosie from WorkSafe NZ has, supposedly, said “you can’t regulate your way to safety”. What may be inadequate is people’s compliance with OHS laws, and there may be many reasons for this non-compliance – ignorance, illiteracy, lack of enforcement by government, complexity of laws and guidance, and/or a total disregard. According to Buchan, and the wider trade union movement, Industrial Manslaughter (IM) laws are supposed to fix this inadequacy.

Buchan writes that

“The penalties that are handed down, even when a builder is found guilty of negligence, have been a disgrace in the face of the extraordinary loss of life and the suffering of families left behind.”

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Communicating about OHS in New Zealand

Safety conferences rarely generate media interest unless the relevant occupational health and safety (OHS) Minister is speaking or there has been a recent workplace death or safety scandal. At the recent SafetyConnect conference held by the NSCA Foundation in Melbourne, SafetyAtWorkBlog was able to chat with the Editor of New Zealand’s SafeGuard magazine, Peter Bateman. Peter has been editing the magazine and writing about workplace health and safety for a long time and, as an outsider to the OHS profession, he has some useful perspectives on how to communicate about safe and healthy workplaces.

Peter Bateman and Kevin Jones in 2015

SAWB: Peter, great to see you at the Safety Connect conference in Melbourne, hosted by the National Safety Council of Australia Foundation.  So, day one, thanks for coming over from New Zealand.  You’ve been coming to safety conferences for a long time.  How important are safety conferences to your magazine given that Safeguard runs its own conferences as well?

PB: We’ve had the opportunity, through growing the credibility of the Safeguard brand through the magazine, that’s given us I think the trust and the credibility with readers so that when we launched the awards actually, the first event we launched way back in 2005 and then the main conference a couple of years later.  And they were small, but they were successful in their own way and we’ve just been fortunate to grow them year on year, so New Zealand Workplace Health and Safety Awards have been going for 15 years and the main Safeguard National Health and Safety Conference for almost as long.  Then from that we’ve managed to create some more specialist one-day conferences as well.

SAWB: I think I’ve seen a LegalSafe one.

PB: LegalSafe, which is more on the compliance side for those people who want more compliance side even though that’s not my particular area of interest.  But I recognise that a lot of people are very focused on compliance and fair enough.  Then more recently we’ve developed HealthyWork which started off as a way of bringing together traditional occupational health interests with the emerging wellbeing side but has really gone more into the wellbeing and psychosocial stuff as we’ve progressed. And in the last couple of years we’ve launched SafeSkills for H&S reps.

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Asia, maturity, grief, zero and data-collecting mouthguards – the SafetyConnect conference

Zero Harm is hardly ever mentioned in Australia’s academic occupational health and safety (OHS) conferences, except maybe with a little snigger. But it was prominent at the NSCAV Foundation’s SafetyConnect conference in late August 2019. This was partly because this conference has more of a commercial bent compared to other conferences but also because several international speakers from Asia were able to clarify what was meant by the term.

This conference had an enviable number of prominent Asian OHS professionals and engineers. One of them Ho Siong Hin (pictured above) explained the application of Vision Zero by the Singaporean government and business community.

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Oral biffo over safety in Queensland Parliament

Before Christmas, the Victorian Government will be presenting a Bill for Industrial Manslaughter laws to the Parliament. The core elements of accountability and penalty are expected to be little different to the Bill that failed to pass Parliament earlier this Century by a bee’s whatsit. The debate is likely to be on the same benefits and costs, so one can reread Victoria’s Hansard from 2002 or look at the debate in Queensland Parliament last week where that Government’s “Safety Reset” has generated arguments about which party is more committed to occupational health and safety (OHS).

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Keep talking and making submissions – what to ask about dust

Government attention on the risks of silicosis, especially those related to engineered stone, continues to increase. Australia has established a National Dust Disease Taskforce to investigate the risks and to make recommendations to the government at the end of 2020. A national investigation is warranted but occupational health and safety (OHS) is regulated at State level so it could be many years until safety improves on this matter, if the States wait for the Taskforce’s final report.

Luckily, the debate on silicosis risks continue in various Parliaments and the Taskforce is seeking submissions.

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“no one wants to call out the real issue” says Tooma

In August 2019, lawyer and author Michael Tooma (pictured right) was the keynote speaker at the 2019 National Work Health and Safety Colloquium ostensibly talking about his May 2019 presentation to the United Nations Industrial Development Organization (UNIDO). It was an important presentation of the paper he wrote is important. However, it was in the questions afterwards, on Industrial Manslaughter laws and accountability, where Tooma was most passionate and personal.

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Safety in politics this month, so far

Occupational health and safety (OHS) discussions in the various Parliaments in Australia rarely get much media attention, but the debates continue and occasionally there is an interesting suggestion. Here are some of the recent parliamentary discussions that SafetyAtWorkBlog found interesting

Quad Bikes in Tasmania

In response to a question on August 8 2019 Liberal Party politician, Leonie Hiscutt, provided an outline of the budget allocated to the rebate scheme being applied to quad bikes and their safety accessories, but of more interest is the question from Independent Ruth Forrest. She asked:

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