Barry Naismith, through his OHSIntros organisation, has released his latest independent report into the performance of WorkSafe Victoria and occupational health and safety (OHS) more generally. Naismith’s contribution is a fresh context on Victoria’s safety and health regulator, and it is an excellent reminder of the prominent issues in the previous 12 months.
This week Safe Work Australia commenced another round of public consultation on the recommendations of the Boland Report. There was no hint of this at last week’s WHS Prosecution and Enforcement Conference. That conference had no speaker from SWA but it did have Marie Boland as a keynote speaker, and even she made no mention of this next stage of consultation. However, the conference was lively, challenging and revealing.
Discussions about the work-related risks of glyphosate exposure have calmed down until the next court case but it is useful to remember that there have been battles in the past about exposure to agricultural chemicals. Questions in the Western Australian Parliament on 13 June 2019, illustrate the situation in relation to one chemical – 2, 4, 5-T (2,4,5-Trichlorophenoxyacetic acid), a component of the wartime defoliant, Agent Orange.
SafeWorkSA’s CEO, Martyn Campbell, is fast becoming the highest profile occupational health and safety (OHS) regulator in Australia, partly because he has committed to communicating with stakeholders. Recently on the SafetyOnTap podcast Campbell, spoke about non-paper-based compliance. Given the current attention to safety clutter by David Provan and Greg Smith, his comments deserve some brief consideration.
Campbell was speaking about the importance of formalising OHS investigations through ICAM or root cause analysis and how proof of safety compliance comes through paperwork:
Melbourne, Australia has recently suffered several notable factory fires that resulted from unsafe storage of chemical wastes. These fires have resulted in toxic fumes across residential suburbs, environmental damage to local waterways and some injuries to workers. Victoria’s Minister for Workplace Safety, Jill Hennessy has responded by increasing penalties for breaching occupational health and safety (OHS) laws. This is a good short-term measure and indicates to the community that their government is doing something but is not a sustainable prevention strategy.
The workplace death of Jorge Castillo-Riffo continues to raise important discussions about occupational health and safety (OHS), responsibility and accountability. The South Australian parliament discussed scissor lifts and OHS on June 6 2019. The criticism of the Coroner was concerning and the debate was a sadly typical political discussion but the issue of improving OHS in construction sites has not been forgotten by some South Australia politicians.
[Updated 12 noon 12 June 2019]
Why do some companies accept or propose an Enforceable Undertaking in relation to breaches of occupational health and safety law? This media statement from WorkSafeNT dated June 7, 2019 illustrates one answer:
“Car Festivals Pty Ltd and the Northern Territory Major Events Company Pty Ltd committed to spend a combined $1.2 million in legally binding agreements, when it became clear NT WorkSafe was considering laying charges over the incident.” (emphasis added)
This reads like someone has calculated the potential cost (fines, etc) to the companies from an OHS prosecution and has opted for the cheaper option. And $1.2 million is a hefty financial commitment.