justice – Page 13 – SafetyAtWorkBlog

A new option for avoiding OHS obligations

A major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations. Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of options and mechanisms, such as enforceable undertakings, available to companies in order to avoid a prosecution or financial penalty.

A new prosecution option has recently gained the attention of the Australian Government and one with which OHS professionals should become familiar as it could spread into their field of operations.

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Missed lessons from work-related traffic incidents

In early 2014 a truck driver drove his vehicle into an intersection, collided with a car resulting in the death of four out of five members of one family. The truck driver, Jobandeep Gill, has been sentenced to 10 years jail. Video of the incident site shows a company name on the side of the van. It is not possible to determine who Gill was driving for or what his employment status was but, regardless of this, it seems a work vehicle was involved in the death of four people, and therefore occupational safety laws (OHS) may have been broken.

It is accepted by OHS regulators that a truck is a workplace for the driver and that OHS responsibilities of all workers include

“… take reasonable care for the health and safety of persons who may be affected by the employee’s acts or omissions at a workplace…” (Section 25 of the Victorian OHS Act 2004)

On 25 November 2015, Dr Rwth Stuckey stated at an ISCRR seminar that:

“WRR (work related road) crashes [are the] leading cause of traumatic work-related fatality & injury in most westernised countries.”

So why don’t OHS regulators follow-up WRR crashes by interviewing the truck owners or the employers of the drivers? Perhaps statistics don’t support Dr Stuckey?

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Golden Rule, ethics, leadership and workplace safety

There is a legislative basis for occupational health and safety (OHS) but before the laws, there was morality and it is this morality to which most OHS professionals will refer when asked why they work in Safety. But I know no more about morality than anyone else. So what do I do in these situations? I get a book.

The book I chose was by

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Inquiry into precarious/insecure work includes OHS

2015 has been a big year for public attention on the exploitation of workers. In May, the Four Corners program revealed the exploitation of, largely, migrant or illegal workers in the food processing and vegetable growing sectors. In the last month, 7Eleven workers have featured, also after a Four Corners investigation in conjunction with Fairfax Media. In both cases, workplace safety has been mentioned but not featured.

In September 2015, the Victorian (Labor) Government released the

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Stanley’s story is powerful and unforgettable

Recently I was telling a colleague to temper their online video strategy and consider extracting the audio tracks from which a podcast strategy coud be developed. The advantage of podcasts is they can be listened to, be more portable, less distraction and, I think, can be more powerful. Earlier this week I listened to a Canadian podcast/documentary about the familial and social effects of a workplace death in the 1950s.

“What can you tell me about Stanley?” is not a contrived plea for greater focus on workplace fatalities, as we often get from occupational health and safety regulators. It is a snippet of family history, a painful and secret family history about the death of an uncle and a brother in a steel mill in the 1950s. The podcast looks at coronial records, company records, notes taken at the time by Stanley’s brother and shows that shame that many feel around workplace deaths now, existed then.

I listened to the podcast several days ago but I shiver now when I recall some of the pain and surprise that the family experienced.

“What Can You Tell Me About Stanley” can be listened to as a straight tale of a workplace death and the way such an incident was perceived in the 1950s. But just as importantly, this should convince people of the power of simplicity in storytelling and social media. The documentary obviously took months to put together and the revelations to the family are clearly not linear but this effort provides a fascinating 30 minutes for your attention.

Think of Stanley when you are applying your OHS skills. You’ll be better for it.

Kevin Jones

Cry of frustration in Industrial Manslaughter Bill

Over the last few months some in Australia’s trade union movement have renewed calls for the introduction of industrial manslaughter laws in various jurisdictions. The issue has appeared both on television and online.

Curiously the Australian Council of Trade Unions (ACTU) seems to have dropped the “industrial manslaughter” terminology it has used in the past. In a 28 April 2015 media release, the ACTU stated:

““Strengthening OHS laws to make negligent companies and individual directors liable sends a clear message to employers that they must ensure people are safe at work.”

and

“Current laws need to be strengthened so that companies and company directors are liable for our safety at work.”

It seems that the charge has been left to the South Australian Greens Parliamentarian,

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Productivity Commission looks at workplace bullying – not really

The Australian Government has announced an inquiry into workplace relations through the Productivity Commission (PC). The most obvious occupational health and safety (OHS) element of this inquiry relates to workplace bullying which is discussed in the fourth of five issues papers released in January 2015. However the purposeful separation of workplace bullying actions through the Fair Work Commission (FWC) from actions in other sectors, such as OHS regulators, limits the potential impact of the inquiry on this issue.

The PC issues paper acknowledges the lack of the anticipated avalanche of anti-bullying applications and accepts that the structure of the FWC process may be partially responsible. This lack of applications, an issue discussed

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Category: justice

A new option for avoiding OHS obligations

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Missed lessons from work-related traffic incidents

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Golden Rule, ethics, leadership and workplace safety

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Inquiry into precarious/insecure work includes OHS

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Stanley’s story is powerful and unforgettable

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Cry of frustration in Industrial Manslaughter Bill

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Productivity Commission looks at workplace bullying – not really

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