Category: justice

Ministerial responsibility in finance but not in workplace safety

Ministerial responsibility seems to be advantageous in financial policies but irrelevant to workplace safety going by actions by Australia’s political leaders.  This week former senior (Labor) parliamentarians, Mark Arbib, Peter Garrett, Greg Combet and Kevin Rudd, will be fronting the Royal Commission into Home Insulation to explain their lack of due diligence on workplace safety matters.  This is only a week after the Federal (Liberal) Government released a Commission of Audit report that promoted ministerial responsibility.

The popular perspective is that these ministerial decision-makers will be held to account for the deaths of four young workers but this is unlikely to occur because State occupational health and safety (OHS) laws establish a direct OHS relationship between employers and employees and the senior politicians did not employ anyone who was installing home insulation.  The argument at the Royal Commission mirrors the chain of responsibility concept except that in work health and safety (WHS) legislation, government ministers are not covered by the definition of ‘officer’ and therefore have less OHS/WHS responsibility that anyone heading up a company or organisation.

Labour lawyer

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Lessons from Royal Commission into Home Insulation Program

Australia’s Royal Commission into the Home Insulation Program (HIP) demands the attention of all occupational health and safety (OHS) professionals, primarily, because a job creation and economic stimulus program was so poorly planned at the highest level of government, that it seems to have established a culture that led to workplace deaths. However the Royal Commission is already revealing information that shows how OHS is misunderstood by decision-makers, a situation that still persists in many jurisdictions and will only change by watching the Royal Commission carefully and analysing this information through the perspective of workplace safety.

State of Knowledge

The Royal Commission has been investigating when the workplace deaths in New Zealand from using metal staples with foil insulation were known by the Australian Government.  In OHS-speak, it is trying to determine the state of knowledge on this workplace hazard in the decision-making process.  The deaths of four young Australian workers prove that the state of knowledge was inadequate however it is well established that Australia and New Zealand operate independently and that, although there are legislative similarities, it is rare for a death in one country to generate regulatory change in another.  (One could look to the quad bike safety issues for an additional example.)  The recent legislative changes in New Zealand may indicate that they listen to Australia more than vice versa.

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Serious questions raised about the effectiveness of OHS enforcement strategies

Richard Johnstone is always worth reading as he writes perceptively about occupational health and safety (OHS) and its enforcement.  The new book from Baywood Publishing “Safety or Profit” provides a chapter by Johnstone that argues:

“…that despite the rhetoric of stronger enforcement and more robust prosecution, the dominant ideology of work health and safety enforcement – ambivalence about whether work health and safety offenses are “really criminal” and viewing prosecution as a “last resort” in the enforcement armory – still dominates the approach of Australian work health and safety regulators.” (page 113)

The importance of Johnstone’s chapter is that he reminds us that much of the current OHS debate is circular and limited and fails to question the soft enforcement strategy that has existed since the

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Prediction on accountability and a political kick in the balls

Responsibility highlighted in greenThere will be two areas of occupational health and safety attention in the early months of 2014 in Australia – workplace bullying laws and the Royal Commission into Home Insulation Program.  The labour law firms are gearing up for a “bumper year” as one said prior to Christmas and the business groups are already lobbying/complaining/whingeing about the workplace bullying laws administered by the Fair Work Commission.  However the Royal Commission has the potential for the biggest social and ideological impact so, as the new year begins, I will attempt some predictions of the Royal Commission’s findings based around some of the terms of reference.

Substantial Change

‘the processes by which the Australian Government made decisions about the establishment and implementation of the Program, and the bases of those decisions, including how workplace health and safety and other risks relating to the Program were identified, assessed and managed;’

This paragraph is the one that could have the most long-term effect on governance, due diligence and procurement.  There are many suggestions on these issues in the sphere of project management but trying to keep the discussion in OHS, there are some useful comments on the Government procurement of services.  Australia’s Federal Safety Commission acknowledges that procurement is an important stage in project design.  WorkSafe Victoria’s “handbook for the public sector – health and safety in construction procurement” says

“As procurers, governments can promote better health and safety by requiring projects to include a range of safety measures, such as specifying the safety budget, building layout or the use of certain

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Moral conflicts in store for Australian politicians and bureaucrats

iStock_000016528694XSmall2014 is going to present tough challenges to Australia’s politicians and corporate leaders.  The Royal Commission into the Home Insulation Program, in particular, is going to illustrate and perhaps generate ideological conflict.

The Home Insulation Program (HIP) was established quickly to address a looming economic crisis.  Politicians and business leaders wanted Australia to avoid the global recession and they needed creative solutions.  Various importance governance and safety elements appear to have been sacrificed to achieve the economic ends.  In 2014, the politicians of the time and bureaucrats will be grilled over why they made these decisions.  Various inquiries have already identified that these decisions contributed to the deaths of four young workers.  In 2014, these decision- and policy-makers will be held to account for the fatal consequences of their economic decisions.

There has long been a conflict between the pursuit of profit and the pursuit of safe working conditions.  The Royal Commission, and the surrounding debate, is likely to place this conflict squarely in the highest levels of Australia’s government and public service.  Below are some of the issues that the Australian government and business sector are likely to face in 2014. Continue reading “Moral conflicts in store for Australian politicians and bureaucrats”

Remembering why you do what you do

iStock_000017872280XSmallSafety professionals often pay over A$1000 upwards to attend a workplace safety conference.  Most of these conferences are overpriced and serious questions should be asked about the knowledge return-on-investment.  It seems occupational health and safety (OHS) professionals are always looking for the next big thing, the “edge” but frequently they forget that value of old information, the value of human worth, the reason for joining the OHS profession in the first place.

Recently I attended an Annual Remembrance Service that commemorated those people who have died at work.  The theme of the service was the importance of listening, particularly, to the widows and widowers, those who are still experiencing the pain of grief and, often, the injustice of OHS regulators and workers’ compensations schemes.  The service was called “Remembering and celebrating the lives of those who have died from work-related causes” and conducted by the Creative Ministries Network and Work-related Grief Support, was small, touching and not half as religious as it could have been. Continue reading “Remembering why you do what you do”

Canberra gets its first Industrial Magistrate for OHS matters

The Australian Capital Territory (ACT) has named Chief Magistrate Lorraine Walker as its first industrial magistrate. The establishment of an industrial court in the ACT stems from the government accepting the recommendations of the Getting Home Safely report which in turn was a response to a spike in workplace fatalities in 2012.

Walker is unknown outside of the ACT but the best introduction to her is probably through a long interview she gave in February 2012 to ABC radio in Canberra.  Occupational health and safety specifically was not on Walker’s radar at the time of the interview but it may be useful to note her comments on sentencing and how this should reflect, or consider, community expectations.  Walker also discusses the importance of the preventive and educative role that penalties can have. How this perspective applies under the recent Work Health and Safety laws will be worth watching.

Kevin Jones

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