manslaughter – Page 29 – SafetyAtWorkBlog

Cry of frustration in Industrial Manslaughter Bill

Over the last few months some in Australia’s trade union movement have renewed calls for the introduction of industrial manslaughter laws in various jurisdictions. The issue has appeared both on television and online.

Curiously the Australian Council of Trade Unions (ACTU) seems to have dropped the “industrial manslaughter” terminology it has used in the past. In a 28 April 2015 media release, the ACTU stated:

““Strengthening OHS laws to make negligent companies and individual directors liable sends a clear message to employers that they must ensure people are safe at work.”

and

“Current laws need to be strengthened so that companies and company directors are liable for our safety at work.”

It seems that the charge has been left to the South Australian Greens Parliamentarian,

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Serious questions raised about the effectiveness of OHS enforcement strategies

Richard Johnstone is always worth reading as he writes perceptively about occupational health and safety (OHS) and its enforcement. The new book from Baywood Publishing “Safety or Profit” provides a chapter by Johnstone that argues:

“…that despite the rhetoric of stronger enforcement and more robust prosecution, the dominant ideology of work health and safety enforcement – ambivalence about whether work health and safety offenses are “really criminal” and viewing prosecution as a “last resort” in the enforcement armory – still dominates the approach of Australian work health and safety regulators.” (page 113)

The importance of Johnstone’s chapter is that he reminds us that much of the current OHS debate is circular and limited and fails to question the soft enforcement strategy that has existed since the

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Workers Memorial Day ceremony, industrial manslaughter and red tape

ACTU President Ged Kearney addresses the event. (image: VTHC)

The President of the Australian Council of Trade Unions (ACTU), Ged Kearney, spoke briefly at the Workers Memorial Day ceremony in Melbourne Victoria on 29 April 2013. Kearney reiterated the call for industrial manslaughter laws in Australia echoing the statements by the ACTU’s Michael Borowick yesterday and the ACTU media release. Continue reading “Workers Memorial Day ceremony, industrial manslaughter and red tape”

National Workers Memorial opens

Yesterday Australia opened its National Workers Memorial in Canberra. The Workplace Relations Minister Bill Shorten, spoke at the ceremony with, largely, an edited and reduced version of the speech he presented in Brisbane earlier last week. The Canberra speech dropped all the ANZAC Day references and spoke about the importance of remembering.

“By erecting this monument, we tie the lives and memories and families of thousands of Australians to this place. We stand here in this place as a mark of respect from a civilised community as an expression of failure and regret. That’s what all memorials are, and this one is no different. This is a symbol of the mourning for those lost too early from our tribe Australia.” Continue reading “National Workers Memorial opens”

Where are the Codes for establishing a safety culture?

Recently a safety professional told me he was investigating an incident on a work site and asked his first question “What do you think caused the incident?” The response was “safety culture”. Of course the next question will always be “what do you mean by safety culture?” and in most cases at this point the investigation will stall.

All workplaces have a safety culture, it is just that most are dysfunctional or immature. In many workplaces, incident causes are handballed to this poorly understood concept of which most take as the latest iteration of “an act of God” or an SEP – “someone else’s problem”.

Safety regulators need to break the use of safety culture as an excuse by developing codes of practice on how to introduce and build an effective safety culture in Australian workplaces.

Continue reading “Where are the Codes for establishing a safety culture?”

WorkSafe Victoria tries humour in safety advertising

For the last few weeks WorkSafe Victoria has been running new injury prevention advertisements based on a game show theme of playing the odds on injuring a worker. The curiosity of this campaign is that humour and a little bit of shame has been employed to communicate.

It is refreshing for an OHS regulator to use humour in the aim of improving workplace safety particularly as this attempt avoids the slapstick humour that has been tried in the past by several safety organisations. Workplace injuries are not a laughing matter but a gentle humour can be used to prick the conscience of those who have safety obligations.

Conversations with OHS peers on these ads has shown a perplexity over these ads. Those who have established a public face or a reputation in the safety field are unsure whether laughing or, at the least, being amused is appropriate. There is a fine line between mockery and amusement so hesitation is understandable. Continue reading “WorkSafe Victoria tries humour in safety advertising”

Election failure, missed opportunities on bullying

Within the last week, Victoria’s State Premier, John Brumby, lost an election allowing the conservative parties in the Australian State to gain power, narrowly, after over a decade in isolation. Election pledges are now only of historic interest but let’s look at a couple.

The crime of workplace bullying

According to the Australian Financial Review on 2 November 2010 (not available without subscription), John Brumby pledged to have a legal review into the “creation of the offence of bullying under the Crimes Act”. The Victorian Chamber of Commerce & Industry‘s (VECCI) Steven Wojtkiw opposed the pledge because existing OHS laws were sufficient. Taking the election context away for a moment indicates a challenge for those anti-bullying advocates. Wojtkiw is quoted as saying

“To introduce a greater level of legislative prescription in the area may only add to the increasing complexities already being confronted by employers in managing a modern workplace.”

It could be argued that if industry had already introduced an appropriate approach to reducing the likelihood of bullying in the workplace John Brumby would never have felt the need to make such a pledge. In many cases, anti-regulation laissez-faire business lobbyists could reduce the “insidious elements of the nanny state” by doing right by their workforce in the first place.

Bullying and harmonisation

Michael Tooma of Norton Rose is quoted in the same article but Tooma uses Brumby’s pledge as an example of another but different nail in the coffin of Federal OHS reform. Continue reading “Election failure, missed opportunities on bullying”

Category: manslaughter

Cry of frustration in Industrial Manslaughter Bill

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Serious questions raised about the effectiveness of OHS enforcement strategies

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Workers Memorial Day ceremony, industrial manslaughter and red tape

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National Workers Memorial opens

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Where are the Codes for establishing a safety culture?

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WorkSafe Victoria tries humour in safety advertising

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Election failure, missed opportunities on bullying

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