Category: government

Industrial Manslaughter concerns of the Victorian government taskforce

In April this year the Victorian Government’s Workplace Manslaughter Implementation Taskforce raised the following issues in its Criminal Law Reform Consultation Paper, seen by the SafetyAtWorkBlog:

  • the definition of “person” in the OHS and proposed Industrial Manslaughter laws
  • the establishment of negligence and the standard of care expected by the reasonable person
  • the extension of Industrial Manslaughter offence to the deaths of members of the public
  • whether a decision or act causes the death or only contributes to it
  • exceptions to the laws beyond just volunteers
  • inter-agency cooperation and coordination for effective prosecutions.
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Suicide prevention at Victoria’s Royal Commission

The Royal Commission into Victoria’s Mental Health System began the first of a couple of days focusing on suicide prevention by reminding the audience that there are three kinds of interventions:

  • Universal – population level wellness
  • Selective – those who have suicidal thoughts and behaviours
  • Indicated – those who are engaging in suicidal behaviour

Occupational health and safety (OHS) concerns about harm prevention overlap with each of these to some extent, but the approach with the most opportunity for the prevention of harm is likely to be in Universal intervention. SafetyAtWorkBlog looked for discussion of work-related harm and interventions in yesterday’s Public Hearings.

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Safety remains a muddle in Australia’s trucking industry

SafetyAtWorkBlog believes the fact that commercial vehicles are also workplaces remains under-utilised in Australia. There are hints that this position is shared by others and that the analysis of occupational health and safety (OHS) in the transport sector is maturing. An Issues Paper released in May 2019 by the Productivity Commission (PC) as party of the review of the 2009 National Transport Regulatory Reform program looks at potential safety outcomes.

In each of the sectors within the reform program – heavy vehicles, rail and maritime – safety improvements, enhancements and improvements were expected. The PC accepts the multidisciplinary and multi-factorial elements of OHS:

“…. the national laws and regulators are only one influence on safety outcomes. The multiplicity of influences on safety outcomes raises challenges for measurement of the contribution of the national system to any changes in safety outcomes since the system was introduced. The Commission envisages that the direct net benefits from safety related reforms must be assessed by the use of simple methods such as benchmarking (including to other countries) and other descriptive analyses. For example, Hassall (2014) estimates the accident rate (broken down by accident severity) per 100 million kilometres.”

page 12

(Given that the PC has a separate inquiry into mental health, it will be interesting to see if this perspective is consistent across different sectors)

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Bereaved families group demands changes

Documents related to the development and implementation of Industrial Manslaughter laws in Victoria and seen by SafetyAtWorkBlog say that the Department of Justice and Community Services will draft a policy paper on the laws prior to the proposed Industrial Manslaughter Bill being presented to Parliament in October or November. October’s Work Health and Safety Month promises to be lively this year.

Participants in the Workplace Fatalities and Serious Incidents Reference Group had expressed concerns about the phoenixing of companies after a workplace fatality and that workplaces where deaths have occurred should be treated as a crime scene that:

“…should not be operational until a full investigation is complete”

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Grab bag of OHS issues – heavy vehicles, mental health, bullying and fatigue

There are a few occupational health and safety (OHS) matters in Australia that happened in the last week that are of note. SafetyAtWorkBlog has put together a quick list of those matters of interest.

Big Mental Health Challenge

“The Australian Capital Territory has appointed its first “dedicated psychological health officer [who] will equip workplaces with the tools and resources needed to support the social and emotional wellbeing of working Canberrans.

The psychological health officer will provide employees, managers and supervisors with support such as information sessions, accessible resources and training programs. WorkSafe ACT inspectors will also receive training and access to ongoing mentoring for responding to psychological hazards.”

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The Victorian Government remains secretive on Industrial Manslaughter laws

Victoria’s Department of Justice and Community Safety’s Freedom of Information correspondence is headed:

“Information Integrity & Access”.

For the last few months SafetyAtWorkBlog has been chasing the Workplace Manslaughter Consultation Paper through official channels and been granted “two pages in full”, “four pages in part” and been refused access in full to most of the Consultation Report.  This decision (available here) is because

“These documents include information concerning opinion, advice or recommendation of an officer and the personal affairs of third parties, which cannot be disclosed [for reasons given in the letter]”.

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The economics, and politics, of prevention and the cost of doing nothing

LtoR: Terry Nolan, Rod Campbell, Tony Dudley, Rosemary Calder

On July 9 2019, the Committee for Economic Development of Australia (CEDA) conducted a lunchtime seminar in Melbourne about “the economics of prevention“. The event was supported by GlaxoSmithKline who launched a report about the value of vaccines so the lunch promised to be very medical but that quickly changed when Rod Campbell of The Australia Institute (a late replacement for Richard Denniss) spoke. On the issue of cost-benefit analysis, an important consideration in occupational health and safety (OHS) , Campbell was blunt:

“A huge amount of government decisions are not made by informed economic analysis. They’re made by political decisions.”

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