The latest push for Industrial Manslaughter laws in Australia has appeared as part of the Tasmanian state election.
The Tasmanian branch of the Australian Labor Party released its policy platform for jobs in February 2018 which makes specific and vague commitments on workplace safety which require scrutiny.
Precarious Work
The Tasmanian Labor Leader, Rebecca White, states that
“Labor is committed to addressing casualisation and the outsourcing of work…”
Over the last few months, SafetyAtWorkBlog has received several new OHS-related books for review. There’s not enough time to undertake a deep review of each book so here is the first of a series of quick reviews.
At Australia’s National Press Club on October 18 2017, the Australian Labor Party’s Shadow Minister for Employment and Workplace Relations Brendan O’Connor spoke, ostensibly on industrial relations but occupational health and safety (OHS) was mentioned. O’Connor provided several examples of worker exploitation and casual work and then stated
“There is something really wrong when those big, household-name companies apparently feel absolutely no responsibility, or consider themselves immune from reputational risk, for exploitation of the workers on whose labour they make a vast profit. This is why at the last election, Labor promised a National Labour Hire licencing scheme. We said we would issue a licence to only those who have a clean record of complying with employment, tax and OH&S laws, and that licences would be revoked for serious misconduct.”
In the discussions about the regulation of the labour hire industry OHS has been given, comparatively, little attention so it is useful to note even the small amount of prominence granted it by O’Connor.
Industrial manslaughter laws passed through the Queensland Parliament on October 12 2017. The debate about the laws on that day is an interesting read as it illustrates some of the thoughts about workplace safety in the minds of policy decision makers, business owners, industry associations, trade unions and safety advocates.
Lawyer for Herbert Smith Freehills, Steve Bell, has said in a LinkedIn post that:
“Will [industrial manslaughter laws] make workplaces safer? In my view probably not, but it will certainly affect the manner in which businesses respond to workplace incidents and external investigations.”
This perspective is understandable and valid when one considers the laws to be a part of the post-incident investigation and prosecution. A similar view was expressed in Queensland’s Parliament by the Liberal National Party’s David Janetzki, based on the submission by the Chamber of Commerce and Industry Queensland: Continue reading “Industrial manslaughter debate reveals commitment and misunderstandings”
Jim Ward is hardly known outside the Australian trade union movement but many people over the age of thirty, or in the occupational health and safety (OHS) profession, may remember the person Esso blamed for the Esso Longford explosion in 1998. Just after the nineteenth anniversary of the incident that killed two workers and injured eight other, SafetyAtWorkBlog interviewed Ward about the incident but, more significantly, also about how that incident changed his world view.
For some time now Jim Ward has been the National OHS Director for the Australian Workers’ Union. Here is a long interview with Ward that provides a useful perspective on OHS while Australia conducts its National Safe Work Month.
[Note: any links in the text have been applied by SafetyAtWorkBlog]
SAWB: Jim, what happened at Longford, and what did it mean for you.
JW: So, on 25 September 1998, I got up out of bed and went to work, just as I’d done for the previous 18 years of my working life, at the Esso gas plant facility at Longford in Victoria.
There was nothing unforeseen or untoward about that particular day. But due to, as one judge elegantly described it, “a confluence of events”, it turned out to be the most significant day of my life.
Australia has a political structure of States and Territories existing within a Federation or Com
monwealth. Legislative change has a smooth journey when political stars are aligned, where the same political party is in power at State and Federal levels. Federal change is even smoother when the same political party has control of both houses of Parliament. Not surprisingly, this ultimate combination is rare and could be as damaging to occupational health and safety (OHS) as it can be beneficial. The recent OHS harmonisation process is a good example of a political mess.
This may be the reality of Australian politics but it doesn’t need to be.
Several Australian States have
The use and abuse of Safe Work Method Statements (SWMS) has been researched in Australia for several years. SafetyAtWorkBlog has seen a copy of an unreleased report prepared for Safe Work Australia that identifies major problems with the use of SWMS but that makes recommendations which seem unlikely to achieve the level of change required.
The February 2017 report “The Efficacy of Safe Work Method Statement and WHS Management Plans in Construction” (written by