justice – Page 8 – SafetyAtWorkBlog

It’s not “all about safety”

The Australian media on May 16 and 17, 2018 contained several articles about the dropping of a blackmailing case against two prominent trade unionists, John Setka (pictured right) and Shaun Reardon. There are many issues and allegations in this legal action which started from a contentious Royal Commission and an ongoing dispute between the CFMMEU and the Grocon construction company.

Some unionists, such as the ACTU Secretary, Sally McManus on ABC Radio, say that the current case was “all about safety”. It is not all about safety and such misrepresentation needs to be called out. The original dispute was over the election of Health and Safety Representatives (HSR) – whether these could be appointed by the company or the union. This quickly became about power and influence not specifically about workplace health and safety.

There is no doubt that Setka has a

Australian Workplace Safety Bureau

There seems to be a growing community frustration with regulators who hesitate to prosecute about breaches of laws, including occupational health and safety (OHS) laws, and about options that sound reasonable, like Enforceable Undertakings, but still let businesses “off the hook”. The calls for Industrial Manslaughter laws are the most obvious manifestations of the anger and frustration from perceived injustices.

But perhaps there was another way to achieve change in workplace safety, a way that could be based on a model that Australia and other countries already have.

The avoidance of accountability creates legislation

This week the Australian Chamber of Commerce and Industry (ACCI) released its submission to the Independent Review of Work Health and Safety Laws. The submission deserves reading fully as it reflects many of the positions on and perspectives of occupational health and safety (OHS) of Australia’s major businesses and, not surprisingly, it has a lot to say about Industrial Manslaughter laws.

Comparing ACCI’s objections to the earlier attempt to introduce similar laws in Victoria in 2002 illustrates how little progress has been made.

Recent lessons from other major incidents, especially through the work of Professor Andrew Hopkins, have also shown the consequences of not taking responsibility for OHS. The power to counter the calls for Industrial Manslaughter laws is in the hands of those corporate leaders who accept this responsibility and work with it.

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works. I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

Action demanded on sexual harassment in the entertainment industry

On 12 December 2017, part of Australia’s screen and television industry held a forum in Sydney about sexual harassment in the sector and what could be done to reduce this workplace hazard. This initiative occurred a day before an open letter was published about sexual harassment in the music industry. There is a momentum for change on sexual harassment in the workplace, but it is at risk of resulting in a fragmented approach which will generate turf wars, confusion and, ultimately, ineffectiveness.

The

Workplace safety in correctional facilities

In support of the recent SafetyAtWorkBlog article “Detention Royal Commission touches on workplace safety”, WorkSafe NT was contacted with a series of questions about the role of the Northern Territory’s occupational health and safety (OHS) regulator in detention centres. Those questions comprised:

• Has WorkSafe ever undertaken any inspection activities at detention centres in the Northern Territory? If so, what was there a specific request, incident or other catalyst for this?
• Is there a specific group/team of inspectors under whom responsibility for inspecting detention centres would sit?
• Does NTWorkSafe coordinate any WHS inspection activities with other government agencies and authorities?
• Has the Northern Territory Correctional Services ever requested NTWorkSafe’s assistance in safety reviews of their facilities?

Near Kill – Jim Ward speaks

Jim Ward is hardly known outside the Australian trade union movement but many people over the age of thirty, or in the occupational health and safety (OHS) profession, may remember the person Esso blamed for the Esso Longford explosion in 1998. Just after the nineteenth anniversary of the incident that killed two workers and injured eight other, SafetyAtWorkBlog interviewed Ward about the incident but, more significantly, also about how that incident changed his world view.

For some time now Jim Ward has been the National OHS Director for the Australian Workers’ Union. Here is a long interview with Ward that provides a useful perspective on OHS while Australia conducts its National Safe Work Month.

[Note: any links in the text have been applied by SafetyAtWorkBlog]

SAWB: Jim, what happened at Longford, and what did it mean for you.

JW: So, on 25 September 1998, I got up out of bed and went to work, just as I’d done for the previous 18 years of my working life, at the Esso gas plant facility at Longford in Victoria.

There was nothing unforeseen or untoward about that particular day. But due to, as one judge elegantly described it, “a confluence of events”, it turned out to be the most significant day of my life.

Category: justice

It’s not “all about safety”

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Australian Workplace Safety Bureau

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The avoidance of accountability creates legislation

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Action demanded on sexual harassment in the entertainment industry

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Workplace safety in correctional facilities

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