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.
Last week, a book called Setting Relations Right in Restorative Practice by David B Moore and Alikki Vernon (pictured above, second and third from the left, respectively) was published. The launch seemed full of the authors’ friends and colleagues, as well as social workers. Although Restorative Justice has been applied a little bit to resolve workplace conflicts, the discussion was dominated by examples in youth detention, correctional facilities, health care and public sector organisations. These are important industries, but what about the private sector in which most people work?
I asked the authors for some perspectives on workplaces outside of the types already discussed?
Below is the response from Moore and Vernon.
It is unlikely that the book “Troublemaking – Why You Should Organise Your Workplace” will be read by anyone outside its intended audience – trade union members and organisers. However, it should be. Organising people into protests, pressure groups, lobbyists or broader sociopolitical movements is not owned by the trade unions, although they have mastered some of the techniques.
It is possible to dip into this book for information on mobilising workers independently of trade union structures but not ideology. This approach may be particularly useful for occupational health and safety (OHS) practitioners who want to create a movement within a company, industry, or community that argues for improved workplace health and safety and to build a collaborative culture of consultation, dialogue and joint decision-making.
It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push.
The Australian Broadcasting Corporation is reporting on the grief and outrage of Georgie Burt, one of the parents of
“….one of six children who died when a jumping castle became airborne at an end-of-year celebration at Hillcrest Primary School in Devonport in 2021.”
hyperlink added
South Australia is the latest Australian jurisdiction to introduce Industrial Manslaughter penalties. The magnitude of the potential penalties is reasonable, given that they come from an employer’s reckless conduct that leads to a fatality. However, many of the deterrent and preventive impacts expected by politicians and advocates have not been proven.
The Australian Broadcasting Corporation has an excellent article on the South Australian action.
Last year the International Labour Organization (ILO) added occupational health and safety (OHS) to its Declaration on Fundamental Principles and Rights at Work. So what? I hear you cry. According to one trade union website:
“Contrary to Conventions – which are subject to ratification by individual Member States to be applicable, all Member States (187 Members) are expected to respect, promote and realize Fundamental Principles and Rights .”
This change has been a long time coming. Expect to hear a lot of discussion about this change at the 23rd World Congress in Sydney later this year, if not Ap[ril 28 and May Day. What Australia will say about this change is unknown, but it will be expected to say something.
Continue reading “OHS is now a fundamental human right. So what?”Large consulting firms have been getting a hammering lately. Fraud, leaking information, work-related suicides, corruption, unethical behaviour……. I bet they are nostalgic for the good old days when they were primarily auditors. There are several occupational health and safety (OHS) connections with the Big4, Big3 or Big 7. Auditing is the obvious overlap, but several recent books have identified some other strange relationships with Government that affect policy that, in turn, affect OHS. This is a brief look at one of those books – The Big Con.
