Can poor safety management = negligence?

L to R: Catherine Dunlop and Dale McQualter

In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:

“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”

A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.

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2020 OHS plans for Queensland mines

Open cut rock quarry on the Gold Coast, Queensland, Australia. Source: zstockphotos

The Queensland Government’s “Safety Reset” of its mining industry was a remarkable achievement in 2019. The government intends to be equally active in occupational health and safety (OHS) in 2020, according to a media release dated 18 January 2020. Below are its “current and upcoming health and safety reforms”:

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Mental health prevention is still glossed over

The latest edition of CEO Magazine contains a brief report of a workplace mental health breakfast seminar. It is written by John Karagounis, the CEO of the CEO Circle, the host of the seminar. Prominent speakers included Julia Gillard, Paul Howes and Georgie Harman, all associated with beyondblue. The prevention of mental ill-health at work is only inferred in this article, which reflects the dominant, and limited, perspective of most of the mental health sector. A deeper and broader analysis of workplace mental health is deserved.

However, the article included two statements of note. Clarification is being sought on this Karagounis statement:

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Silicosis – “we need to licence the industry and we need to regulate the product”

Last year the Scientific Meeting of the Australia and New Zealand Society of Occupational Medicine (ANZSOM) had a fiery discussion on the occupational health and safety (OHS) risks of cutting engineered stone.  The status has changed a lot over 12 months with various Codes of Practice, new exposure limits, a National Dust Disease Taskforce and lobbying from Erin Brockovich.  However the risk of worker exposure seems too have not changed this much because it is employers who are responsible for safe workplaces and there are many layers of OHS-related communication between research and practical application.

Dr Graeme Edwards (pictured above) spoke first in the ANZSOM panel on October 29 and he came out with all guns blazing.

“Prima facie evidence of system failure. That’s what accelerated silicosis means. It is an entirely preventable disease.”

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