due diligence – SafetyAtWorkBlog

“Justice Tempered” – ethics and abuse

Recently the Finance Sector Union (FSU) released a small study on ethics and capitalism. The report illustrates how poor corporate ethics and greed created a disregard for the mental health of the finance industry’s workers as well as the financial and mental health of its customers.

The report – “Justice Tempered – How the finance sector’s captivity to capitalist ethics violates workers’ ethical integrity and silences their claims for justice” – was written by John Bottomley, Brendan Byrne and John Flett. Although it is based on detailed interviews with only eight finance sector workers, the authors use these conversations as a catalyst for broader discussions of ethics with extensive cross referencing of relevant, books, publications and, especially, the findings and report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

Exclusive Interview with Dr Tom Doig

SafetyAtWorkBlog had the chance to put some questions to Dr Tom Doig in early 2019 prior to the book’s release. Below is that exclusive interview.

SAWB: “Hazelwood” is predominantly a book that describes the social and environmental impacts of the Hazelwood. What, if any, overlap did workplace health and safety (WHS) and WorkSafe Victoria have in the fire’s aftermath?

TD: In the aftermath of the mine fire, a number of WHS issues have come to the fore. Firstly, in the 2014 Hazelwood Mine Fire Inquiry, a number of criticisms were made of Hazelwood’s regulatory framework, with a suggestion that there was a ‘regulatory gap’, as expressed by Mr Leonard Neist, Executive Director of the Health and Safety Unit at the Victorian Workcover Authority (VWA), at that time:

‘If I identify that gap as, who is responsible for regulating for the protection of public safety, regardless of what the source of the hazard or the risk is, who’s responsible for public safety, that’s where the gap probably is and I can’t—if you were to ask me right now, I can’t tell you who is responsible for regulating public safety. I’m responsible for regulating workplace safety and responsible for public safety as a result of the conduct of that undertaking, but I couldn’t tell you who is directly responsible.’

In this case, while VWA focuses on the health and safety of mine employees, they aren’t explicitly concerned with the health and safety of the general public, if a hazard – like a 45-day plume of toxic smoke – is dispersed beyond a specific workplace.

The time is right to push for the prevention of injury

Canberra, Australia – October 14, 2017: A view inside Senate chamber in Parliament House

One of the major criticisms of Industrial Manslaughter laws by this blog is that the laws are likely to be a distraction from actions and changes that could prevent deaths. In 2018, the Australian Parliament conducted an inquiry into industrial deaths within which the prevention of death and injury was core. The recommendations of the inquiry’s final report – “They never came home—the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia” – have never really been acted upon, a fact mentioned in Australia’s Senate on June 11, 2020.

Forklifts, penalties and Industrial Manslaughter

A lot of occupational health and safety (OHS) people, including lawyers, were watching the court case involving Brisbane Auto Recycling (BAR) for the Industrial Manslaughter sentence, but there is a more important, practical lesson from this case involving forklifts and the positive duty of care.

One Queensland newspaper reported on June 11. 2020 stated that the BAR has been fined $3 million and the two company directors, both in their twenties, received 10 months imprisonment, wholly suspended. (The judgement is not publicly available at the time of writing)

According to the prosecution case the incident involved

“….. a worker engaged by BAR … was struck by a forklift which was being reversed by another BAR worker…”

and

“BAR had effectively no safety systems in place. It has no system to ensure the separation of pedestrians and forklifts, which were commonly in the same work areas, and it had no system to ensure that the workers who drove forklifts were appropriately qualified and supervised. It is principally through those failures that BAR caused the death of Mr Willis.”

If staff are “going to hit the wall”, redesign the wall

On May 11 2020, the Australian Financial Review’s back page ran an article (paywalled)about how “corporates” are becoming aware of mental health risks due to the COVID19 disruption. It is a good article but also one that reveals the dominant misunderstanding about mental health at work and how to prevent it.

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