justice – SafetyAtWorkBlog

The Human Rights of workers strengthens

Work health and safety is a fundamental human right. Last year, I asked “so what?” Australia is strengthening the relevance of this international human right at the local level, but you wouldn’t notice unless you looked hard.

The federal government’s Joint Standing Committee on Treaties has been receiving public submissions on the ratification of ILO Conventions 191 and 187. It’s such a hot topic that it received only two submissions!!; neither opposed the ratification, but they provide some useful context to the aims of occupational health and safety (OHS) in Australia.

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The immediate future of OHS in the UK

Later this week, the United Kingdom hosts an election which the Labour Party, the “party of working people,” is expected to win. Its party manifesto has been out for some time, but its workplace strategy has received less attention. Given the synergies between the UK and Australian industrial relations and occupational health and safety (OHS), Labour’s Plan to Make Work Pay, deserves an outsider’s analysis.

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We must understand the social pressures on employer safety decisions

There is a cost-of-living crisis in large parts of the world, there is a climate emergency, there are wars and political instability and insecurity everywhere. Why is occupational health and safety (OHS) still considered important? Well, it isn’t really when compared to these global and existential crises, but that is the microcosm in which we operate. However, this does not mean we should withdraw into our safety shells and ignore the world. We can’t; the world intrudes on our microcosm and affects us directly and indirectly.

So, it is useful to understand how pressures external to our work and workplaces affect our choices and the choices of employers.

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Questionable deterrence value in Industrial Manslaughter penalties

New South Wales is the latest Australian jurisdiction to introduce a penalty for Industrial Manslaughter (IM) in its occupational health and safety (OHS) laws. One of the primary aims of significant penalties like IM is to deter others from making similar negligent decisions related to workplace health and safety. But deterrence is a fickle beast.

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If you don’t sound the alarm, who will?

Last week the Australian Institute of Health and Safety (AIHS) National Conference contained some excellent speakers and one or two stinkers. (I will not be reporting on the last speaker of the conference, who spent his first ten minutes “roasting”. i.e. insulting the delegates!) Safe Work Australia’s Marie Boland was an important and informative speaker who nudged the occupational health and safety profession to be more active.

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OHS needs to create discomfort

Occupational health and safety (OHS) decision-making by employers is dominated by reasonably practicable safety and health decisions. OHS advice is similarly dominated, leading to an industry that is cowed by the need for job security and tenure. OHS teaching in tertiary institutions is also influenced, if not dominated, by what is seen as (right-wing) “business realities”.

OHS is a small part of the university curriculum. In some universities, OHS education is missing entirely. The OHS discipline is not seen as important or marketable or an important source of revenue. A new book about universities in the United States in the 1960s and 1970s may help us understand the reasons for this.

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“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention.

ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the episode was very familiar, but the sentencing inquiry was intriguing.

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