Category: manslaughter

One death may be too many, but it remains a prerequisite for Industrial Manslaughter laws

Source: Luke Hilakari on Facebook

In Victoria there is much anticipation about the introduction of Industrial Manslaughter (IM) laws to the Parliament. Yesterday Minister for Workplace Safety Jill Hennessy and others hosted a meeting for some prominent IM advocates and trade unionists. Part of the reason for the meeting was that this week was the tentative date for the introduction of the IM laws to Parliament. The latest strong rumour is the Victorian Government has privately conceded that the Bill will not pass this year as expected and the Premier is moving to Plan B.

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Business Leaders hear about the Vic Government’s OHS achievements, and about OHS is the Arts

Cameron Ling and Claire Spencer (top) and Natalie Hutchins (below)

October is Australia’s workplace safety month. It operates under different names in different States, but they all started on October 1 2019. These months are almost exclusively about marketing and SafetyAtWorkBlog’s Inbox has received a lot of generic statements about the importance of occupational health and safety (OHS) but with little information about how to improve it. The best we can do about this is to seek knowledge in some of the physical events and seminars scheduled during October.

On October 2 2019, WorkSafe Victoria held a Business Leader’s Breakfast at which there were two featured speakers – the Parliamentary Secretary for Workplace Safety, Natalie Hutchins, and the CEO of Arts Centre Melbourne, Claire Spencer. Hutchins spoke about the occupational health and safety achievements of the Victorian Government and Spencer spoke about the significance of the Arts Wellbeing Collective. They provided a good mix of politics and practice.

Hutchins spoke about

  • Silicosis
  • Hazardous Chemicals and Dangerous Goods
  • Workplace Manslaughter Laws, and
  • Mental Health.
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Small packages, big info

Face-to-Face communication trumps electronic communication every time. This is true for telling stories to trauma counselling to telling someone you love them.

Prof. Michael Quinlan and Alena Titterton Akins at the 2019 Tasmania Health & Safety Symposium

Sixty delegates attended the one-day occupational health and safety (OHS) symposium in Tasmania yesterday. These symposia seem to be the modern equivalent of the traditional conference, especially in Australia, and offer the opportunity for better conversations about OHS. This format still has some need for refinement but it seems more informative than a lecture and less confusing than a multi-streamed big conference of thousands of people.

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COSBOA is outraged over mental health and jail

On September 24 2019, the Council of Small Business Organisations Australia (COSBOA) called for the withdrawal of the Boland review into Australia’s work health and safety (WHS) laws.

In a media release COSBOA’s CEO, Peter Strong, states:

“The report solely focusses on workers, giving zero consideration to the mental health of employers and the self-employed….”

Continue reading “COSBOA is outraged over mental health and jail”

Aim for prevention, to affect real change

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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Industrial Manslaughter campaign messages need scrutiny

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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Accountability, responsibility and possible jail time

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.

Last week, the SafetyConnect conference benefited greatly from a presentation by Jackson Inglis of Sparke Helmore (pictured above).

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