Category: penalties

OHS questions to ponder

When wearing a motorcycle helmet and motorscooting to and from the office, I (too?) often think about occupational health and safety (OHS) while, of course, being situationally aware (mostly). It is not quite the same as an isolation tank that turned William Hurt into a caveman and a blob, but the quiet allows contemplation.

Below are some of the questions and thoughts from those sessions. Usually, these percolate for a few weeks into a blog article, but I would appreciate readers’ and subscribers’ thoughts. A prize or reward will be sent to the most engaging subscriber.

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Trenching deaths and radio report

I am a fan of NPR’s radio program, All Things Considered. Occasionally, it reports on workplace health and safety matters. On July 19, 2024, it reported on the unacceptable number of deaths from trenching activities in the United States. The content was shocking and disappointing (the default setting for many reactions to occupational health and safety (OHS) matters), but the report’s format is an excellent example of journalism.

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Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available.  They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.

A major purpose of any penalty is to deter harmful and damaging actions from being repeated.  SAC reiterates that any sentence 

  • deters the offender and others from committing similar offences;
  • punishes the offender in a just manner;
  • facilitates the rehabilitation of the offender;
  • denounces the behaviour that the offender engaged in, and
  • protects the community from the offender. (page 7)

The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:

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“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention.

ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the episode was very familiar, but the sentencing inquiry was intriguing.

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