Category: manslaughter

Industrial Manslaughter is more than just a law, it is a cry for justice.

For those Australians who are watching the latest political push for Industrial Manslaughter laws, it is important to remember that the activity has a history that extends over a decade.  Many of the current arguments for and against have been addressed previously.  In August 2004, the earlier iteration of this blog, Safety At Work magazine, printed a special edition on “The Australian Industrial Manslaughter Debate”.  Below is an edited version of my Editorial in that magazine. A longer article on the issues raised in that edition is available elsewhere in the SafetyAtWorkBlog.

 

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Industrial Manslaughter laws? Let’s talk about safety

On October 29 2018, RMIT University and the Safety Institute of Australia conducted a forum on Industrial Manslaughter laws.  The mix of presenters offered a respectful discussion on the issue but also illustrated where such proposed legal changes fit.  The event was organised and hosted by Gloria Kyriacou-Morosinotto whose introduction listed the questions we should all be asking about the Industrial Manslaughter laws proposed for Victoria.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Liability insurance products get some serious criticism

In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were “referred to the WHS Board” for further consideration (footnote page 3).

On 17 October 2018 the Senate Education and Employment Committee’s report into industrial deaths similarly recommended the Commonwealth, State and Territory governments:

“amend the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;” (Recommendation 21, page xi)

Given the

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

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

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

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

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

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.

Source: istockphoto, Credit: jotily – https://www.engel.ac/
Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

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. 

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here
© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2025. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd