Category: justice

OHS questions remain after Jumping Castle owner freed

A Magistrate has said there is insufficient evidence to find Rosemary Gamble guilty of a criminal offence over an incident involving an inflatable jumping castle that resulted in the deaths of six children at Hillcrest in Tasmania. The prosecution may have ended, but a Coronial inquiry remains scheduled, and a civil class action against the state of Tasmania and Ms Gamble was launched in 2024. This article looks at the occupational health and safety aspects of the incident.

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Pyrrhic IR prosecution that ignores the OHS context

Recently, sentencing in a court case in Melbourne has generated much online chatter about excessive working hours and the exploitation of workers in a small law practice. One report of the $A50,000 fine against Erudite Legal says that the company:

“…forced a junior lawyer to work up to 24-hour days and watch an ice hockey movie at 1am so she could understand her boss’ philosophical position”.

Other media reports provide more details of the successful prosecution, but the occupational health and safety (OHS) context is mostly absent.

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The recent recommendations into OHS penalties are likely to go nowhere

The Victorian Sentencing Advisory Council‘s report on OHS sentencing received minimal media coverage. Perhaps more will come when the government responds to the recommendations. However, the coverage focused on the recommendation for a substantial increase in financial penalties for those who breach occupational health and safety (OHS) laws. The report contained much more than financial penalties, but the political climate will likely stifle any significant reforms.

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Seeing OHS law as a social law could change how OHS is seen and its future

Occupational health and safety has traditionally been considered under the category of industrial, or industrial relations, but largely this is due to the major advocates of OHS being the trade union movement. So OHS seems to fit with workers’ rights under the issues of wages and conditions, but really OHS is a social law.

According to one definition social law is:

“…any law, rule or regulation (including international treaty obligations) applicable in any jurisdiction concerning 
– labour, 
– social security, 
– the regulation of industrial relations (between government, employers and employees),
– the protection of occupational, as well as public, health and safety, 
– the regulation of public participation, 
– the protection and regulation of ownership of land rights (both formal and traditional), immovable goods and intellectual and cultural property rights, 
– the protection and empowerment of indigenous peoples or ethnic groups, 
– the protection, restoration and promotion of cultural heritage, and 
– all other laws, rules and regulations providing for the protection of employees and citizens.”

OHS meets several elements of this definition.

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New class action on sexual abuse in Australian mining

Many of the prominent Australian mining companies are in the process of changing their cultures to minimise the risk of sexual assaults and harassment after several recent damning inquiries into worker health and safety. Everyone seems to agree that cultural change can take a long time. I am not convinced.  Change will take time if one operates within the existing organisational and operational parameters and structures. But sometimes, the harm to workers is so great that a long time exacerbates unfairness and injustice.

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”take safety seriously”

Tasmanian politicians recently discussed Industrial Manslaughter laws in Parliament. As with similar debates in other jurisdictions, occupational health and safety (OHS) appears to justify these amendments, but the OHS principle of preventing harm is rarely discussed. Deterrence? Yes, but Prevention? Not really.

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“…the system isn’t broken. It was built this way” – Grenfell Tower and OHS

The inquiry report into the Grenfell Tower fire has yet to be seriously considered from the other side of the world. However, the report is being mentioned in Australia’s emergency services and fire sectors.  The inquiry has been thoroughly followed and analysed in the United Kingdom, and many excellent summaries have been published in newspapers, books, and podcasts. Australia’s cladding debate has not been to the same extent as the UK. Still, the UK’s structures, policies, processes, business ethics and neglect are certainly mirrored in Australia, which directly impacts how workplace health and safety operates here.

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