manslaughter – Page 22 – SafetyAtWorkBlog

Mayman at the Perth Safety Symposium

The Senate Committee inquiry into industrial deaths has released its report which, amongst many things, recommends the introduction of Industrial Manslaughter laws. At the end of this year, Marie Boland will present government with the final report of her review into Australia’s work health and safety (WHS) laws.

Before all this, in September, in Perth, Stephanie Mayman told a safety conference in Perth that:

“… I think we’re about to see industrial manslaughter recommended by Marie Boland.”

Boland has heard a lot about Industrial Manslaughter

Politics on display in final report of Australia’s Industrial Deaths inquiry

The Australian Senate inquiry into Industrial Deaths has released its findings in a report called “They never came home—the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“. For those who have followed the inquiry, there are few surprises but the report presents big political challenges, particularly as a Federal Election must occur no later than May 2019.

It has been increasingly common for such Senate reports to include, not necessarily, a Minority Report, but an alternative perspective on some issues. Sometimes these reports show dissent in the Committee but more often than not these are statements that are aimed

Where is the Senate Inquiry into Industrial Deaths heading?

As readers would realise, the transcripts for the Australian Senate inquiry into industrial deaths are fascinating. It is worth looking at the other presentations and questions on the day when the Australian Chamber of Commerce and Industry received a grilling as this provides insight into how to present to a government inquiry addressing occupational health and safety.

The Senate Committee has probably heard more from relatives of deceased workers than has any other similar inquiry, perhaps even the Workplace Bullying inquiry in which this Committee’s member Deborah O’Neill participated. This is an indication of the shift in OHS over the last few years where the human impacts of workplace safety failures, what some describe as the “lived experience”, gain an influence that used to sit with professionals and acknowledged subject matter experts.

Inquiry into industrial deaths moves to Adelaide

Conversations about occupational health and safety (ohs) occur very rarely unless you are an educator who talks about this stuff every day. We manage health and safety and advise on it but rarely get a chance just to talk about safety with peers. This is where documents like the recent transcripts of Australia’s Senate inquiry into industrial deaths can be helpful. For instance Andrea Madeley said this on August 29 2018 in Adelaide:

“I do not think that the Robens model of work health and safety was ever based on anything beyond encouragement. It was a model designed to lift and encourage employers, not to enforce laws, and we see that today, still. The guiding principles, even today, on enforcing work health and safety laws really are more about encouraging and educating. I don’t have a problem with that as long as we’re not treating the people that are suffering in the process like outcasts. Their loss is virtually ignored unless you happen to be a financial dependant.”

Given that it occurred almost fifty years ago, it is easy to forget the times in which Lord Robens issued his report into the management of workplace health and safety. It was controversial in its day and the Australian iterations of his OHS principles were similarly opposed when they were introduced in the 1980s.

Industrial Manslaughter laws explained to Senate inquiry

The trade union push for Industrial Manslaughter laws in Australia continues as the various State and Federal elections loom. Last week the Senate Inquiry into Industrial Deaths heard the clearest explanation of the need for these laws for some time as Dr Paul Sutton of the Victorian Trades Hall Council went beyond the usual chants of “what do we want? when do we want it?”

Sutton’s proposal for the Victorian laws differs from Queensland’s by taking inspiration from England to pierce the corporate veil to the senior manager level rather than leaving it at the top executive level.

Families of the Dead speak to government

Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered. The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments. It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.

The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old

What Boland’s Independent Review has been hearing

On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA). Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.

According to Boland’s presentation (not available online),

Category: manslaughter

Mayman at the Perth Safety Symposium

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Politics on display in final report of Australia’s Industrial Deaths inquiry

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Where is the Senate Inquiry into Industrial Deaths heading?

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Inquiry into industrial deaths moves to Adelaide

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Industrial Manslaughter laws explained to Senate inquiry

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Families of the Dead speak to government

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What Boland’s Independent Review has been hearing

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