Category: law

Industrial manslaughter debate reveals commitment and misunderstandings

Industrial manslaughter laws passed through the Queensland Parliament on October 12 2017.  The debate about the laws on that day is an interesting read as it illustrates some of the thoughts about workplace safety in the minds of policy decision makers, business owners, industry associations, trade unions and safety advocates.

Lawyer for Herbert Smith Freehills, Steve Bell, has said in a LinkedIn post that:

“Will [industrial manslaughter laws] make workplaces safer? In my view probably not, but it will certainly affect the manner in which businesses respond to workplace incidents and external investigations.”

This perspective is understandable and valid when one considers the laws to be a part of the post-incident investigation and prosecution.  A similar view was expressed in Queensland’s Parliament by the  Liberal National Party’s David Janetzki, based on the submission by the Chamber of Commerce and Industry Queensland: Continue reading “Industrial manslaughter debate reveals commitment and misunderstandings”

Industrial Manslaughter arguments cover old ground

The Queensland Government is in the middle of a debate in Parliament and the media about the introduction of industrial manslaughter as an offence related to serious occupational health and safety (OHS) breaches.  It is both a good and a bad time for this debate. The laws are likely to pass but the debate is showing old arguments, weak arguments, political expediency and union-bashing but not a lot about improvement in workplace safety.

Timeline

Following two major fatal workplace incidents, in April 2017 the Government established an

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Queensland’s Industrial Manslaughter push moves to Parliament this week

Queensland’s Minister for Employment and Industrial Relations, Grace Grace is continuing to apply political pressure on the opposition (conservative) party over the issue of industrial manslaughter laws, prior to their debate in State Parliament this week.

In a media statement released on October 6 2017, Grace states that

“We owe it to the victims and their loved ones to ensure Queensland has strong industrial manslaughter laws to protect people on the job.”

This is an appealing statement during Australia’s National Safe Work Month but the relationship between industrial manslaughter laws and safer workers is not as clear and direct as the political statements suggest. Continue reading “Queensland’s Industrial Manslaughter push moves to Parliament this week”

Near Kill – Jim Ward speaks

Jim Ward is hardly known outside the Australian trade union movement but many people over the age of thirty, or in the occupational health and safety (OHS) profession, may remember the person Esso blamed for the Esso Longford explosion in 1998.  Just after the nineteenth anniversary of the incident that killed two workers and injured eight other, SafetyAtWorkBlog interviewed Ward about the incident but, more significantly, also about how that incident changed his world view.

For some time now Jim Ward has been the National OHS Director for the Australian Workers’ Union.  Here is a long interview with Ward that provides a useful perspective on OHS while Australia conducts its National Safe Work Month.

[Note: any links in the text have been applied by SafetyAtWorkBlog]

SAWB: Jim, what happened at Longford, and what did it mean for you.

JW:   So, on 25 September 1998, I got up out of bed and went to work, just as I’d done for the previous 18 years of my working life, at the Esso gas plant facility at Longford in Victoria.

There was nothing unforeseen or untoward about that particular day.  But due to, as one judge elegantly described it, “a confluence of events”, it turned out to be the most significant day of my life.

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Was it worth going to the World Congress on Safety and Health?

I travelled to the 21st World Congress on Safety and Health in Singapore as a delegate and a media representative from my home in Australia.  Was it worth attending? Yes and no.  That may seem a weak answer but I attended in two capacities with two purposes – as an occupational health and safety (OHS) professional and an independent media representative.  Both were satisfied a little bit and both could have been better.  Here’s a personal report on my professional and media experiences at the World Congress.

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People Centred Prevention should not be a new concept

The World Congress on Safety and Health is physically and mentally exhausting.  Physically, simply because of its size.  Mentally because there is so much information.  Some that confirms your occupational health and safety (OHS) approach and others that conflict with what you know. Some information that seems incredibly dated and anachronistic but you look around and this seems new and wonderful to other delegates.

A major theme of the Congress was “People Centred Prevention” (PCP). This is one of the anachronisms. Wasn’t OHS always about keeping people safe?  If this theme had originated in the United Kingdom, it could have been contextualised as redressing the red tape attack on OHS regulation by previous governments – bringing the humanity back to OHS – but it is being proposed in this Congress as a significant change of focus and perspective.

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Zero, health and people – themes of the World Congress on Safety & Health

In front of thousands of delegates and dignitaries, the 21st World Congress on Safety and Health was officially opened yesterday by the Singapore Prime Minister Lee Hsien Loong.

There are three themes of this conference:

  • Vision Zero – From Vision to Reality
  • Healthy work—Healthy life
  • People-centred prevention
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