Exclusive interview with independent WHS reviewer, Marie Boland

SafetyAtWorkBlog had the opportunity to interview Marie Boland earlier this week after the release of her review into Australia’s Work Health and Safety (WHS) laws. Below is an edited version of that interview.

Marie, thanks for talking to me, it’s a terrific report you’ve produced. What was it like to undertake a national investigation of this type, given that it was pretty much you and just a couple of others?

…It was quite daunting at the beginning, but as I said in the introduction and nothing kind of clichéd about it, it was very much a privilege to be able to do it.  And the privilege was enhanced by having the opportunity to go travel all around Australia, and some places I’ve never been before like Tamworth and what it really brought home to me was the diversity of people, workplaces, geography and that these laws are covering and the diversity of people who are dealing with the laws on a daily basis.  So, it was certainly a once in a lifetime experience for me I suppose, and maybe a point in history for the laws as well.

I was very much aware throughout the process of my privilege and being able to do it and also the waves of expectation I suppose and this being the first review of the national laws and also very much aware of all the work that went into creating the laws in the first place.  And certainly, a lot of the people who put so much effort into that work were still obviously very keen on how they were being applied and as I said I was very conscious of respecting all of that as I went around the country.

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Workplace sexual harassment inquiry releases more submissions

The National Inquiry into Sexual Harassment in Australian Workplaces has released another block of public submissions. many of them involve examples of horrible harassment and psychological harm, but several offer research, suggestions for improvement and, a little bit of, prevention.

Those making the recently released submissions seem to be realising that the inquiry’s terms of reference focuses on Australian workplaces.

Non-disclosure agreements and communication barriers

One submission is from Professor Judith Bessant, AM, of RMIT University (Submission 188) in which she addresses the application of Non-Disclosure Agreements (NDAs). NDAs have been in the press lately as some of those who experienced sexual harassment were unable to make submissions to this Inquiry without contravening the NDA they had with their employer. Professor Bessant asserts that

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Paspaley clarifies statement on the payment of fines

In this morning’s SafetyAtWorkBlog article, a quote from Janice Murray was included and which originated from an ACTU video dated 25 February 2019. Murray said this of the fine imposed on Paspaley:

“We sat through a very strong legal team. I understand that this is something that they can get covered through insurance. The fine through WorkSafe was minimal for us – a $60,000 fine – and that too was covered by insurance.”

Paspaley has provided SafetyAtWorkBlog with this clarification:

“Paspaley does not propose to engage in further correspondence about this matter which concluded in October 2015 and which has, not infrequently, been the subject of misinformation.

Suffice to say that the fine in question was paid directly by Paspaley and was not covered by insurance.”

Kevin Jones

Responses to the Boland Report into Australia’s Work Health and Safety Laws

The mainstream Australian media has almost entirely ignored the release of Marie Boland’s Final Report of the independent Review of Australia’s Work Health and Safety laws. but some of the usual players in the workplace relations sector have responded. Below is a longer responsive from the Australian Chamber of Commerce and Industry (ACCI) but first some simpler responses.

The trade union movement has almost entirely focused on the Industrial Manslaughter recommendations in the Boland Report. As well as a couple of media statements, the Australian Council of Trade Unions released a video on February 25 2019 with Assistant Secretary Liam O’Brien accompanied by the parents of two deceased workers. The first to speak were Tony and Robyn Hampton whose son, Jarrod, died while working for Paspaley Pearls. The second couple were Janice and Mark Murray whose son, Luke, died when parts of a crane that was being unpacked fell on him.

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Boland’s WHS Report recommends a practical update of laws and practices

The Australian Government has released the final report of the Independent Review of its Work Health and Safety (WHS) laws, conducted by Marie Boland. Importantly, the Government has not issued its response yet and, given that there is a Federal Election in a couple of months’ time, is unlikely to. Why have another issue complicate the campaign particularly when that response may have to address Industrial Manslaughter laws which would focus on the accountability of business leaders? This Government has already been bruised on a similar issue through a Banking and Finance Royal Commission.

Regardless of this Government’s future treatment of the Boland Report, the report does progress occupational health and safety (OHS) and the operation of the WHS laws, reinforcing some aspects and challenging other. It is obligatory reading for those interested in OHS in Australia.

(SafetyAtWorkBlog is preparing an exclusive interview with Marie Boland for next week)

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Exclusive interview with SafeWork SA’s Martyn Campbell

Last year SafeWork South Australia was evaluated by that State’s Independent Commission against Corruption. A couple of years ago Martyn Campbell (pictured right) took on the role as the Executive Director. SafeWork SA had obvious challenges and Campbell has needed to recalibrate the organisation to meet contemporary standards and expectations.

SafetyAtWorkBlog had the chance to put some questions to Martyn Campbell recently. Below are his responses.

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Making OHS an SEP (Someone Else’s Problem)

The death of Dillon Wu in 2018, is being investigated by WorkSafe Victoria and is still getting some media attention. The latest is an article in The Conversation by Associate Professor, Diana Kelly of the University of Wollongong called “Killed in the line of work duties: we need to fix dangerous loopholes in health and safety laws“.

This article focuses on the confusion over occupational health and safety (OHS) responsibility as Wu was a labour hire worker placed at Marshall Lethlean Industries by the Australian Industry Group. (AiGroup’s position on responsibility was given to SafetyAtWorkBlog in November 2018) It may seem that AiGroup has primary responsibility because it was Wu’s employer. But AiGroup told SafetyAtWorkBlog that

“All host employers sign agreements with AiGTS which specifically require the host employer to ensure apprentices are supervised and monitored during their engagement. “

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