manslaughter – Page 19 – SafetyAtWorkBlog

Responses to the Boland Report into Australia’s Work Health and Safety Laws

The mainstream Australian media has almost entirely ignored the release of Marie Boland’s Final Report of the independent Review of Australia’s Work Health and Safety laws. but some of the usual players in the workplace relations sector have responded. Below is a longer responsive from the Australian Chamber of Commerce and Industry (ACCI) but first some simpler responses.

The trade union movement has almost entirely focused on the Industrial Manslaughter recommendations in the Boland Report. As well as a couple of media statements, the Australian Council of Trade Unions released a video on February 25 2019 with Assistant Secretary Liam O’Brien accompanied by the parents of two deceased workers. The first to speak were Tony and Robyn Hampton whose son, Jarrod, died while working for Paspaley Pearls. The second couple were Janice and Mark Murray whose son, Luke, died when parts of a crane that was being unpacked fell on him.

Boland’s WHS Report recommends a practical update of laws and practices

The Australian Government has released the final report of the Independent Review of its Work Health and Safety (WHS) laws, conducted by Marie Boland. Importantly, the Government has not issued its response yet and, given that there is a Federal Election in a couple of months’ time, is unlikely to. Why have another issue complicate the campaign particularly when that response may have to address Industrial Manslaughter laws which would focus on the accountability of business leaders? This Government has already been bruised on a similar issue through a Banking and Finance Royal Commission.

Regardless of this Government’s future treatment of the Boland Report, the report does progress occupational health and safety (OHS) and the operation of the WHS laws, reinforcing some aspects and challenging other. It is obligatory reading for those interested in OHS in Australia.

(SafetyAtWorkBlog is preparing an exclusive interview with Marie Boland for next week)

New OHS conference with prominent speakers

One of the hottest occupational health and safety (OHS) issues at the moment is Industrial Manslaughter but this is just one aspect of the enforcement of OHS and prosecution for breaches. In June 2019 a two-day conference on OHS/WHS Prosecution and Enforcement is being held in Melbourne, Australia with a list of respected speakers who are prominent in Australian labour law circles.

The conference is more expensive than some other OHS conferences but the list of speakers is impressive and the theme could not be more topical. (A brochure is available for download) Until March 15 2019, Criterion Conferences is applying an Early Bird discount of $500 for each delegate. SafetyAtWorkBlog has negotiated a further discount applicable to Subscribers only.

Minerals Council and Industrial Manslaughter laws

On 1 February 2019 the Minerals Council of Australia issued a media release about occupational health and safety (OHS) in the mining industry and, in particular, Industrial Manslaughter laws. SafetyAtWorkBlog approached the MCA’s CEO, Tania Constable, for clarification.

The release stated:

“The MCA cautions that the introduction of Victorian Government’s industrial manslaughter laws will give rise to unintended consequences which impair, rather than enhance, health and safety outcomes at Australian workplaces. These laws will not contribute to general or specific deterrence or improvements in health and safety outcomes. This must be the priority, not imposing oppressive and unnecessary criminal liability on selected individuals”

Mining policy platform released

The Minerals Council of Australia has released its 2019 policy platform called “The Next Frontier: Australian Mining Policy Priorities”. The mainstream media will focus on taxation and jobs data given that Australia will face an election in the first half of 2019 but there is a specific chapter on occupational health and safety (OHS).

Would Reckless Endangerment improve safety and health more than would Industrial Manslaughter laws?

The reckless endangerment provision of Victoria’s Occupational Health and Safety Act 2004 is likely to be crucial to this year’s discussions on Industrial Manslaughter laws and the management of workplace health and safety more generally, particularly as Victoria’s Minister for Workplace Safety, Jill Hennessy, has announced an implementation taskforce that includes a Workplace Fatalities and Serious Incidents Reference Group.

Section 32 says:

“A person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—
(a) in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or
both; and
(b) in the case of a body corporate, a fine not exceeding 20, 000 penalty units.”

OHS barriers and opportunities

One of the common questions I am asked, usually face-to-face rather than online curiously, is what changes I would suggest for improving occupational health and safety (OHS). Following on from the broad perspective thesis by Dr Clare Tedestedt George, here are some of my thoughts.

Entrenched workplace cultures

Workplaces and industry sectors have established rigid norms, work practices, expectations, and a culture, that are no longer considered as safe and healthy as they were intended to be. This has happened due to the economic demands of neoliberalism, the (fake) empowerment of the individual and after years of weakness and neglect by the OHS profession and regulators.

Category: manslaughter

Responses to the Boland Report into Australia’s Work Health and Safety Laws

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Boland’s WHS Report recommends a practical update of laws and practices

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New OHS conference with prominent speakers

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Minerals Council and Industrial Manslaughter laws

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Mining policy platform released

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Would Reckless Endangerment improve safety and health more than would Industrial Manslaughter laws?

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OHS barriers and opportunities

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