Paper provides historical context to OHS laws

Barry Naismith of OHSIntros has provided excellent independent analysis of Victoria’s occupational health and safety (OHS) data for many years. His latest “Deaths at Work” report (available publicly for a limited time) includes a detailed discussion on the social context of Victoria’s proposed Industrial Manslaughter (IM) laws.

But of more immediate interest is Naismith’s longitudinal analysis. One of his graphs showing death statistics back to the commencement of Victoria’s modern-era OHS laws in 1985 supports the statement popular with politicians that the rate of work-related deaths is declining over that time but Naismith points out that the five-year trend to 2018 is reversed and that this is part of the justification for the IM Laws.

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“We need to act together to help me get my act together”

On October 21 2019, Victorian Premier Daniel Andrews posted on Facebook in support of his government’s move to introduce Industrial Manslaughter (IM) laws. He chose the death of Jacob Kermeen and its effect on the family in support of the need for these laws.

It is surely a coincidence that a fatality from a trench collapse was chosen for this exercise. Some of the leading advocates for IM laws are the relatives of two workers who died from a trench collapse in Ballarat in March 2018, a case being prosecuted by WorkSafe Victoria.

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Important discussion of moral harm, moral repair and what can be done

Occupational health and safety (OHS) needs to talk more about failure, in a similar way that other business processes are dissected and reported. But the challenge to this, and I think the main reasons failure is not discussed, is that OHS failures result in serious injuries, life-altering conditions and deaths. OHS shares something with the medical profession which “buries its mistakes”. There appears to be something shameful in talking about these failures in public, although the OHS profession is full of chatty anecdotes in private.

One of the ways for OHS to discuss these uncomfortable experiences is to focus on Harm rather than legalities and the chase for compliance.

The first paragraph in Derek Brookes‘ new book, “Beyond Harm“, seems to speak to the OHS profession:

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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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New evidence of mental health effects on the relatives of deceased workers

Australian seems to be leading in the investigation of the (secondary) familial and social impacts of work-related death. New research from Lynda Matthews, Michael Quinlan and Philip Bohle to be publicly released soon focused on the mental health of bereaved families after a relative’s death. They found

“At a mean of 6.40 years post-death, 61 percent of participants had probable PTSD (Post Traumatic Stress Disorder), 44 percent had probable MDD (major depressive disorder), and 43 percent had probable PGD (prolonged grief disorder).”

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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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