Category: law

Release of authoritative quad bike safety report is still not enough for the Federal Minister

On April 6 2018 Australia’s Assistant Treasurer Stuart Robert released the report into Quad Bike safety prepared by the Australian Consumer and Competition Commission (ACCC). The report makes unsurprising safety recommendations, many of these have been coming for years. The surprise is the Minister’s decision to begin another round of consultation:

“The Government is inviting stakeholders to review and comment on the ACCC’s recommended safety standard.”

The previous paragraph in the Minister’s press statement acknowledged:

“Extensive consultation has been undertaken including with technical experts, farmers, the recreational and tourism sector, consumer groups, health and medical experts, industry and government bodies. The majority of stakeholders support a new mandatory safety standard. The ACCC’s report highlights how these safety measures including installing an operator protection device can significantly reduce the frequency and severity of injuries, particularly from rollover incidents”

An indication of the level of “extensive consultation” can be seen through the process the ACCC has been running since at least November 2017. The only possible reason for this extraordinary decision is the political desire to release the ACCC report prior to the Federal Election, only just announced as occurring on May 18, 2019.

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Conspiracy accusations over rail construction project

On March 17 2019, a community radio program and podcast “The Concrete Gang” broadcast some comments about occupational health and safety (OHS) on a rail construction site in Victoria, Australia, believed to be the Aviation Rd, Laverton site. SafetyAtWorkBlog attempted to factcheck the accusations.

Construction company McConnell Dowell is providing construction services on various sites for the Level Crossing Removal Project. According to The Concrete Gang:

“… McConnell Dowell level crossing removal have had a few dramas out there what we’ve got is we’ve a live train and they’re trying to put a level crossing in while there’s a live train going.  They normally do what we call a shutdown which is an occupation where they shut down the line and they’re lifting concrete beams and build a bridge.  Well McConnell Dowell in their wisdom are trying to do it between 10-minute stops…”

“….the workers on the job have got issues because they’re obviously lifting precast elements over trains and there’s obviously no safety…”

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What was overlooked during Budget week

Last week the Australian media was dominated by discussions on the Federal Budget and it being the precursor to a Federal Election in May 2019. But there were several actions in the few scheduled days of Parliament which relate to occupational health and safety (OHS). Below is a summary of some of them.

Labour Hire

In support of the Morrison Government Budget, Minister for Jobs and Industrial Relations, Kelly O’Dwyer, issued a media release stating that in response to Migrant Workers Taskforce Report, the Government (should it be re-elected, in reality) will establish:

“….a National Labour Hire Registration Scheme to ensure compliance and transparency in the labour hire industry in high-risk sectors;”

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Government Department gets an enforceable undertaking following a workplace death

Yesterday (April 4, 2019) SafeWorkSA dropped charges against the Department of Planning, Transport and Infrastructure (DPTI) over breaches of the workplace health and safety legislations that contributed to the death of 54-year-old Debra Summers, in exchange for an Enforceable Undertaking (EU). This move had been flagged earlier noting that it was unusual to accept an EU when a workplace fatality had occurred.

SafeWorkSA’s Executive Director, Martyn Campbell, spoke exclusively with SafetyAtWorkBlog earlier this week to provide more context to the acceptance of the EU. He has spoken to the Summers family in the preparation of the EU and said that some of the request of the family have been incorporated. He also outlined the circumstances of Debra Summers’ death:

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Young worker’s death increases OHS pressure on State and Federal governments

This week an 18-year-old construction worker died in a scaffold collapse on a New South Wales construction site. The occupational health and safety (OHS) regulator has instigated an investigation into Christopher Cassaniti’s death and the serious injury of a work colleague in the same incident, as well as an inspection of scaffolding throughout the State.

An excellent podcast on the incident and the OHS context is available at Triple J’s Hack podcast.

In May 2019 Australia has a general election and, following yesterday’s Budget announcement, Australian politicians are in campaign mode. That might seem irrelevant to the workplace death of a young man but the Shadow Minister for Employment and Workplace Relations, Brendan O’Connor, was interviewed the day after Cassaniti’s death by Triple J’s Hack program. The discussion eventually reached Industrial Manslaughter laws.

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Answers and clues on workplace bullying and mental health in a small package

Talking about occupational health and safety (OHS) is a critical element so explaining the concept but also strengthening OHS as more and more people understand its socio-economic and organisational context. Sometime this is done through newsletters from OHS Regulators, sometimes by large and/or expensive conferences. Sometimes all of this still fails to reach the right audience.

Mark Stipic, Antony Malmo and Michael Plowright

Last week a small seminar was held in the Melbourne suburb of Mulgrave. That seminar was no more than 90 minutes and provided advice from three experts in OHS-related topics related to workplace bullying. These were the psychology of workplace bullying, the management and prevention of it and workers compensation for the resultant mental ill-health.

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Labour Hire licencing scheme to be rolled out in Victoria

Labour Hire Authority Commissioner, Steve Dargavel,

Labour Hire is almost always seen in purely commercial terms of salaries, business costs, production rates, labour availability, migrant workers, and more. Occupational health and safety (OHS) is often seen as an add-on, a term that is included in a media story because it should be, not because the author has really thought about it or sees OHS as legitimate.

Australian States are beginning to introduce certification/regulations schemes for the Labour Hire industry as a result of the exposure of workplace abuses in this labour supply process. Not all States though. Queensland has one that has been running a year or so, Victoria’s is open for registration applications at the end of April 2019 and full operation before the end of 2019; South Australia began its system, but an election changed the political priorities and that scheme is in limbo. The other States are unclear on their preferences, but it is clear that there will be no national labour hire scheme.

Victoria’s Labour Hire Authority (LHA) Commissioner, Steve Dargavel, has just started his roadshow for explaining what the regulations are all about, how to apply, what it will mean and what it will cost. Importantly OHS and workers’ compensation are integral parts of the scheme and therefore part of what the LHA Inspectors will be looking at and enforcing.

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