Category: manslaughter

Great loss, but no vision and limited interest

This year’s International Workers Memorial Day/World Day for Safety and Health at Work is over. Many of the memorial events were conducted online and many gave healthcare workers prominence, especially in the United Kingdom. SafetyAtWorkBlog watched the online service conducted by the Victorian Trades Hall.

Many worker memorials are little more than a reiteration of the importance of occupational health and safety (OHS) laws. If the ceremonies are conducted by trade unions, as most are, they are usually advocating for the role of Health and Safety Representatives (HSRs). This year’s Victorian ceremony was typical. However, there were some curiosities and such ceremonies can, and should, be more than just a commemoration.

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Jail or Ruin? Is deterrence still effective?

This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have been advocating for Industrial Manslaughter laws and also touches on the role of deterrence. But when people talk about Jail, are they really meaning Ruin? And do these options really improve workplace health and safety?

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Is Industrial Manslaughter an empty vessel?

The Australian Institute of Health and Safety (AIHS) has published a long article about Australia’s Industrial Manslaughter (IM) laws. It is a very good article but includes a lot of information that should already be familiar to those who have followed the development of IM laws over the last two decades.

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Industrial Manslaughter in WA but Federally? Unlikely

Gold warm sunlight on CBD of Perth city as seen from Kings Park. Source: istockphoto

The West Australian government presented its new Work Health and Safety (WHS) Bill to Parliament in November 2019 and debate has continued in February 2020. Joining with most other States in using the model WHS legislation is a major change for that State as it not only brings one set of occupational health and safety (OHS) laws to all businesses, including mines and petroleum, but it introduces the offence of Industrial Manslaughter. However, IM in WA has a two option penalty – “Industrial manslaughter – crime” and “Industrial manslaughter – simple offence”.

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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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