Category: manslaughter

Melbourne’s Worker Memorial ceremony

The Melbourne ceremony for International Workers Memorial Day was held on 27 April 2018 and had a good turnout.  The standout “speaker” was Lana Cormie (pictured right), whose husband, Charlie Howkins in a trench collapse in March 2018, a work colleague died later in hospital from injuries from the incident. Victorian Trades Hall’s Luke Hilakari was fired up in his talk about the importance of occupational health and safety (OHS) and the need for Industrial Manslaughter laws.

Cormie’s speech was read out by

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Interview with Dr Gerry Ayers

This weekend is the International Workers Memorial Day.  In Victoria, in particular and in Australia more generally, it is highly likely that the issue of Industrial Manslaughter laws will be raised as part of a trade union campaign.

Dr Gerry Ayers, the OHS&E Manager of one of the branches of the CFMEU, features in an online petition about these laws and it seemed the right time to interview Dr Ayers about these laws but also about workplace health and safety enforcement and practices more generally.

The full audio of our conversation is available in the Safety At Work Talks podcast available on SoundCloud and Podbean.

SAWB:           Gerry I’ve seen your photograph on various petitions and flyers about industrial manslaughter laws in Victoria where the trade union movement is asking people to sign petitions and pressure the government into bringing in industrial manslaughter laws.  Why is the trade union movement doing this now and what’s the purpose of the laws?

GA:     And it’s a bit like what the industrial campaign is all about, it’s rules are broken, or our rules don’t seem to be working in terms of the legislative framework and the sanctions that are afforded to people when they break the OH&S laws and when it all goes horribly wrong and someone is killed. It’s very rare that the full financial penalty is ever applied to any employer who goes to court for a workplace fatality. Continue reading “Interview with Dr Gerry Ayers”

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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Flogging the banks could help safety

Australia’s Royal Commission into banking and financial services is a few months in and the evidence provided of wrongdoing is so substantial that those who were critical of the need for such an investigation are admitting they were wrong.

SafetyAtWorkBlog is applying the logic that occupational health and safety (OHS) succeeds best when it is part of the organisational culture.  Australia has often held its banking and financial services as “world-class” and many of that industry sector’s leaders have been prominent in speaking about the importance of leadership and corporate morality.

The financial and banking industry’s credibility and authority in Australia is gone and the OHS profession can learn much from this failure, even when the failure is in its early stages of exposure.

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First WHS Review submission released is hard work but useful

The Minerals Council of Australia (MCA) has released its submission to the Independent Review of Work Health and Safety Laws.  It is a good example of the business-speak that can erode the effectiveness of clear communication, but the submission is still revealing.  Here is an example from its Executive Summary:

“A nationally-consistent, risk-based preventative Work Health and Safety (WHS) regulatory system, supported by industry-specific regulation, would deliver benefits based on greater certainty, consistency and efficiency. It would also help to ensure that compliance challenges do not detract from the practical tasks of identifying, managing and minimising risk and the continuous improvement of safety and health outcomes by companies.” (Page 3)

So, the MCA wants national occupational health and safety (OHS) laws?

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Queensland’s “production versus protection dichotomy”

Last week the Queensland Government proposed changing some of the health and safety laws that relate to mining.  Changes to occupational health and safety (OHS) laws that improve workplace safety are almost always welcome, but to some extent these recent changes are “catch-up”.

The Government’s media statement of the proposed laws is very positive and the changes are largely very good.  Natural Resources, Mines and Energy Minister Dr Anthony Lynham is quoted saying

“The Department’s mines inspectorate through their investigations have found that one of the causes of an increase in risk is due to contractors not having a full understanding of the SHMS on the mining site…”

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Video Update #3

It’s been a couple of busy weeks at SafetyAtWorkBlog with three public speaking engagements:

Below is a video update about this activity with a couple of new books mentioned as well.

 

Kevin Jones

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