Category: Investigation

Industrial Manslaughter laws are spreading in Australia but are inconsistent [Open Access]

This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.

New South Wales may follow if the Labor Party wins the March 2023 election

Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.

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Addendum: Chris Smith and the prevention of harm

The earlier Chris Smith article mentioned the earlier incidents that, given his recidivism, the control measures implemented failed or were inadequate. If these incidents had involved occupational health and safety (OHS) concepts and investigations, the latest incident may never have occurred.

OHS is big on investigations and contributory factors but usually after an incident. OHS tends to identify faults and failures after the event. However, this has become the norm because OHS and employers are less able or interested in investigating incidents with lesser consequences or what OHS call Near Misses. Chris Smith had no near misses, each of the earlier “misbehaviours’ were incidents that seem not to have been investigated to the standard or depth intended in OHS.

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The bubble has burst. Bring on the next one.

The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.

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Two OHS regulators under investigation

Almost all the government agencies that regulate occupational health and safety (OHS) in Australia have been subjected to various independent inquiries. These inquiries have been a mix of political, financial and cultural. The review of SafeworkSA closes submissions at the end of this week. SafeWorkNSW is to have a six-month audit (paywalled) of its performance by the NSW Auditor-General, according to Adele Ferguson in the Sydney Morning Herald.

The Auditor-General is yet to release a media statement on the audit, but Ferguson identifies several serious concerns.

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Improving the OHS state of knowledge

Earlier today, I wrote about the potential benefits of having an Australian Workplace Safety Bureau, an idea I first proposed in 2018. Others have similar thoughts.

On the Australian Broadcasting Corporation (ABC) website, Elizabeth Byrne has written about the decade-long effort of Kay Catanzariti to gain justice, and an apology, for the death of her son, Ben. Catanzariti has been a strong advocate for workplace health and safety for a long time. The ABC article quotes Catanzariti:

“Mrs Catanzariti says her experience shows that investigators need more expertise. “I want a federal investigation team for deaths on worksites,” she says.”

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COVID-19 lessons are more likely to come from an independent investigation than from OHS prosecutions

WorkSafe Victoria has a window of two years, within which it must start a prosecution for breaches of the occupational health and safety (OHS) legislation. As a result, a small number of notable prosecutions commenced recently from the early days of the coronavirus pandemic.

Over the last few weeks, Worksafe has started court action against St Basil’s Homes For The Aged, Heritage Care Pty Ltd and an individual nurse.

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‘Enough was Enough’ over a decade ago and the mining industry failed to act then

The recent report on sexual harassment at West Australian mine sites deserves national attention for several reasons.  The stories are horrific, partly because many of us thought such stories were in the distant past.  The fact that many are recent should shock everyone into action. 

The report “Enough is Enough”is highly important, but its newsworthiness seems disputable.  Some media have covered the report’s release but the newsworthiness, in my opinion, comes less from this one report but from the number of reports and research on sexual harassment, bullying, abuse, disrespect and more in the mining sector over the last twenty years that have done little to prevent the psychosocial hazards of working in the mining and resources sector and especially through the Fly-in, Fly-Out (FIFO) labour supply process.

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