law – Page 109 – SafetyAtWorkBlog

Accountability, responsibility and possible jail time

Lawyers speaking at occupational health and safety conferences can be a bit hit-and-miss. Some are interested in minute complexities of law. Others are not comfortable talking about legal technicalities with non-lawyers. The presentation also depends on what the conference delegates want, and this can differ from day to day. But sometimes, a conference hears from a lawyer who not only practices law but reads the newspapers and seems the understand the social context of their work.

Last week, the SafetyConnect conference benefited greatly from a presentation by Jackson Inglis of Sparke Helmore (pictured above).

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Asia, maturity, grief, zero and data-collecting mouthguards – the SafetyConnect conference

Zero Harm is hardly ever mentioned in Australia’s academic occupational health and safety (OHS) conferences, except maybe with a little snigger. But it was prominent at the NSCAV Foundation’s SafetyConnect conference in late August 2019. This was partly because this conference has more of a commercial bent compared to other conferences but also because several international speakers from Asia were able to clarify what was meant by the term.

This conference had an enviable number of prominent Asian OHS professionals and engineers. One of them Ho Siong Hin (pictured above) explained the application of Vision Zero by the Singaporean government and business community.

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Oral biffo over safety in Queensland Parliament

Before Christmas, the Victorian Government will be presenting a Bill for Industrial Manslaughter laws to the Parliament. The core elements of accountability and penalty are expected to be little different to the Bill that failed to pass Parliament earlier this Century by a bee’s whatsit. The debate is likely to be on the same benefits and costs, so one can reread Victoria’s Hansard from 2002 or look at the debate in Queensland Parliament last week where that Government’s “Safety Reset” has generated arguments about which party is more committed to occupational health and safety (OHS).

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Keep talking and making submissions – what to ask about dust

Government attention on the risks of silicosis, especially those related to engineered stone, continues to increase. Australia has established a National Dust Disease Taskforce to investigate the risks and to make recommendations to the government at the end of 2020. A national investigation is warranted but occupational health and safety (OHS) is regulated at State level so it could be many years until safety improves on this matter, if the States wait for the Taskforce’s final report.

Luckily, the debate on silicosis risks continue in various Parliaments and the Taskforce is seeking submissions.

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“no one wants to call out the real issue” says Tooma

In August 2019, lawyer and author Michael Tooma (pictured right) was the keynote speaker at the 2019 National Work Health and Safety Colloquium ostensibly talking about his May 2019 presentation to the United Nations Industrial Development Organization (UNIDO). It was an important presentation of the paper he wrote is important. However, it was in the questions afterwards, on Industrial Manslaughter laws and accountability, where Tooma was most passionate and personal.

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Safety in politics this month, so far

Occupational health and safety (OHS) discussions in the various Parliaments in Australia rarely get much media attention, but the debates continue and occasionally there is an interesting suggestion. Here are some of the recent parliamentary discussions that SafetyAtWorkBlog found interesting

Quad Bikes in Tasmania

In response to a question on August 8 2019 Liberal Party politician, Leonie Hiscutt, provided an outline of the budget allocated to the rebate scheme being applied to quad bikes and their safety accessories, but of more interest is the question from Independent Ruth Forrest. She asked:

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What do sex work and truck driving have in common? Non-work-related fatalities

It is widely acknowledged that work-related incidents are under-reported through worker or management choice. But there are institutional practices that mean that incidents in company vehicles are reported as traffic incidents even though the driver may be obliged to follow company safe driving procedures and the car has been purchased exclusively for work activities. But this situation is not just related to transport. Last week, Michaela Dunn, was murdered by a client while at work but her death will not be recorded as a work-related death.

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