Industrial Manslaughter laws are spreading in Australia but are inconsistent

This year the South Australian Parliament will likely pass that State’s Industrial Manslaughter (IM) legislation as the introduction of these laws was an election commitment of the new Labor government. The consultation period on the draft Bill closes on February 10 2023 after being open for just over two months.

New South Wales may follow if the Labor Party wins the March 2023 election

Industrial Manslaughter laws under the broader occupational health and safety (OHS) continue to be contentious as a new research paper by Professor Richard Johnstone shows. However, the introduction of IM laws will forever be a political act at its core.

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The bubble has burst. Bring on the next one.

The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.

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Pressure on local government over procurement and OHS

On a chilly night in Ballarat, over a hundred people gathered outside the Town Hall, within which the City Council was meeting, to let the Council know that the awarding of millions of dollars of ratepayers’ money to a local company that admitted to breaching occupational health and safety (OHS) laws and that led to the deaths of two local workers was not acceptable.

The event seem coordinated by the local Trades Hall Council, for the usual inflatable rat and fat cat were next to the ute, which was blasting out protest songs. Almost all the speakers were trade unionists, although one was Andy Meddick from the Animal Justice Party. The protest may not have achieved the changes that many speakers called for, but as is the case with these types of events, Council has given some ground with a likely review of the OHS procurement criteria.

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Industrial Manslaughter and marketing

Industrial Manslaughter was always going to generate some workplace safety marketing at some point. In this week’s Australian Financial Review (23 September 2022, page 23, paywalled), Inspectivity paid for a full-page advertorial promoting its data collection and analysis products. It mentioned that its products could help to reduce the risk of being prosecuted for Industrial Manslaughter. But what does this say about one’s customers and their attitude to providing safe and healthy workplaces if the avoidance of personal accountability is the ”hook” for the sale?

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Why are farms still unsafe?

The start of School Holidays is always a good time to issue reminders of the risks associated with farms, beaches and wherever holidaymakers go. The Victorian Farmers Federation (VFF), recently reinvigorated in its occupational health and safety (OHS) efforts, has released a new safety booklet – “Child Safety on Farms – A practical guide for farming parents“. However, the coverage of this guide by the ABC is a little loose.

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“the job is never done”

Every so often, there are sufficient numbers of workplace deaths and injuries that a government feels the need to act. In 2019, the Queensland government closed down its mining sector for a “safety reset”, which required every mine worker to be retrained in occupational health and safety (OHS). Recently Western Australia needed to act on deaths in its farming sector and has established an inquiry into the issues.

Farming is perhaps the hardest industry in which to affect change. It is dominated by male workers and farmers. It has next to no union presence. OHS inspectors rarely attend farms except after a severe injury or death.

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Applying a big stick ….. of foam

South Australian (SA) Greens MP Tammy Franks has again proposed a Bill on Industrial Manslaughter (IM) to the SA Parliament. For at least the sixth time! Franks may remain unsuccessful as the recently elected Australian Labor Party has promised its own IM Bill. Either way, South Australia will likely have Industrial Manslaughter laws very soon.

In Parliament on May 4 2022, Franks reiterated the importance of these laws but also illustrated their weaknesses.

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