Category: manslaughter

Emerging OHS risks and strategies in Ballarat

On 25 February 2020, I spoke at a breakfast seminar at the Ballarat Regional Occupational Safety & Health Group (BROSH) on emerging OHS risks and strategies. Below is an edited version of that talk, which touched on CORVID19, bushfire smoke, sexual harassment, mental health, safety culture and communication:

Industrial Manslaughter

Industrial Manslaughter laws will come into effect in Victoria in the middle of this year.  Anyone who thinks these laws may relate to their workplace or how their businesses are run, should be afraid.  But they should also be ashamed.  If they are worried about going to jail because their OHS decisions may be negligent, they are not managing the safety and health of their workers in the way the law intended, or the Regulator and the community expects.  They should be ashamed.

If you need an authoritative and informative speaker on workplace health and safety for your event, or just good, practical OHS advice, email Kevin Jones
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Can poor safety management = negligence?

L to R: Catherine Dunlop and Dale McQualter

In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:

“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”

A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.

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Industrial Manslaughter – politics, suicide and misrepresentation

The 2020 business year has started with a bunch of occupational health and safety (OHS) seminars. Given last year’s moves towards Industrial Manslaughter laws in several Australian States, a discussion of these laws is inevitable and there are some voices calling out the politics of the issue. Herbert Smith Freehills’ Steve Bell is one of them.

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HR needs to broaden its pool of risks

Human Resources (HR) professionals often have an enviable degree of influence over the decision making of company executives. In modern parlance, they are “influencers”; as such it is useful to keep an eye on the advice offered by the association that represents HR professionals, the Australian Human Resources Institute (AHRI).

Recently, freelance journalist, David Barbeler wrote “A comprehensive look at what lies ahead for workplaces in 2020” in AHRI’s HR Magazine. Given that the article is headlined as comprehensive, there are several peculiar occupational health and safety (OHS)-related omissions, especially workplace sexual harassment, Industrial Manslaughter, suicide and mental health.

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Industrial Manslaughter exemption for mining looks over

Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.

Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.

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Ballarat workers’ memorial

Ballarat Trades Hall is looking for an artist to design and produce a memorial to Jack Brownlee and Charlie Howkins who died as a result of a trench collapse in Delacombe, Victoria in 2018. Any memorial requires careful consideration and broad consultation with all the relevant stakeholders.

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Take a good hard look at your business and do something about it

The Medical Journal of Australia (MJA) published an opinion piece on January 20, 2020 concerning working hours in the medical profession and the risk of mental health and suicide from working excessive hours. It uses the Japanese problem of “karoshi” to illustrate the severity of the workplace risks but it misses a couple of points.

It references the amendments to Victoria’s Occupational Health and Safety (OHS) legislation that introduced an offence of Industrial Manslaughter but implies that this amendment changes the duty of care expected of employers and changes a worker’s right to a safe and healthy workplace.

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