Here’s a quick summary of several mentions of occupational health and safety (OHS) in the various Parliaments in Australia over the last week or so.
Answers to Questions on Notice
In Parliamentary Committees, speakers often put questions “on notice” as they do not have the answer at hand. Often these questions fade from memory but answers do appear, usually. A good example has been provided in the South Australian Parliament on September 11, 2009 with the Treasurer, Rob Lucas, providing answers to questions from Estimates Committee B on July 24 2019. For the number junkies out there, according to Hansard, in 2018/19 SafeWork SA:
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The Minerals Council of Australia (MCA) has released its submission (not yet online) to the Safe Work Australia’s (SWA) review of the Regulatory Impact Statement on the recommendations from the Boland review of the Model Work Health and Safety laws. It is comprehensive but contains little that is new. An interesting interpretation of the submission comes from considering how the MCA’s recommendations prevent harm, for prevention is the challenge.
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Recently the State Secretary of the CFMEU Construction & General WA, Mike Buchan, wrote in Construction Weekly about the need for Industrial Manslaughter laws in Western Australia. There are several points made that deserve some assessment and clarification.
He starts by stating that current occupational health and safety (OHS) laws are inadequate. This may be the case, but as Nicole Rosie from WorkSafe NZ has, supposedly, said “you can’t regulate your way to safety”. What may be inadequate is people’s compliance with OHS laws, and there may be many reasons for this non-compliance – ignorance, illiteracy, lack of enforcement by government, complexity of laws and guidance, and/or a total disregard. According to Buchan, and the wider trade union movement, Industrial Manslaughter (IM) laws are supposed to fix this inadequacy.
Buchan writes that
“The penalties that are handed down, even when a builder is found guilty of negligence, have been a disgrace in the face of the extraordinary loss of life and the suffering of families left behind.”
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Safety conferences rarely generate media interest unless the relevant occupational health and safety (OHS) Minister is speaking or there has been a recent workplace death or safety scandal. At the recent SafetyConnect conference held by the NSCA Foundation in Melbourne, SafetyAtWorkBlog was able to chat with the Editor of New Zealand’s SafeGuard magazine, Peter Bateman. Peter has been editing the magazine and writing about workplace health and safety for a long time and, as an outsider to the OHS profession, he has some useful perspectives on how to communicate about safe and healthy workplaces.
Peter Bateman and Kevin Jones in 2015
SAWB: Peter, great to see you at the Safety Connect conference in Melbourne, hosted by the National Safety Council of Australia Foundation. So, day one, thanks for coming over from New Zealand. You’ve been coming to safety conferences for a long time. How important are safety conferences to your magazine given that Safeguard runs its own conferences as well?
PB: We’ve had the opportunity, through growing the credibility of the Safeguard brand through the magazine, that’s given us I think the trust and the credibility with readers so that when we launched the awards actually, the first event we launched way back in 2005 and then the main conference a couple of years later. And they were small, but they were successful in their own way and we’ve just been fortunate to grow them year on year, so New Zealand Workplace Health and Safety Awards have been going for 15 years and the main Safeguard National Health and Safety Conference for almost as long. Then from that we’ve managed to create some more specialist one-day conferences as well.
SAWB: I think I’ve seen a LegalSafe one.
PB: LegalSafe, which is more on the compliance side for those people who want more compliance side even though that’s not my particular area of interest. But I recognise that a lot of people are very focused on compliance and fair enough. Then more recently we’ve developed HealthyWork which started off as a way of bringing together traditional occupational health interests with the emerging wellbeing side but has really gone more into the wellbeing and psychosocial stuff as we’ve progressed. And in the last couple of years we’ve launched SafeSkills for H&S reps.
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Lawyers speaking at occupational health and safety conferences can be a bit hit-and-miss. Some are interested in minute complexities of law. Others are not comfortable talking about legal technicalities with non-lawyers. The presentation also depends on what the conference delegates want, and this can differ from day to day. But sometimes, a conference hears from a lawyer who not only practices law but reads the newspapers and seems the understand the social context of their work.
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