Late last week, it was announced that prominent lawyer Michael Tooma was leaving Clyde & Co for a position with Hamilton Locke, focussing on environment, social, and governance matters. This is interesting in one way, as lawyers move firms regularly, but his comments about the social harm from law firms’ reliance on billable hours was more interesting.
South Australia’s Industrial Manslaughter Bill is being negotiated in its Parliament. New South Wales’ version is in development, and Tasmania has said it does not want to be left out, so the government has flagged its intention to have Industrial Manslaughter (IM) laws. Each politician stresses the importance of these laws to deter employers from doing the wrong thing and causing the death of a worker. However, there are serious concerns about the intended deterrent effect when other occupational health and safety (OHS) measures have been shown to be more effective.
Over the last few months, various seminars from law firms and others have focussed on how to comply with new and impending occupational health and safety regulations related to psychosocial hazards at work. Over the last fortnight, I attended two such seminars; they were as different as chalk and cheese, even though both had strong voices from lawyers, illustrating the sources of some of the confusion over the issue felt by some employers.
On March 28 2023, the Victorian Chamber of Commerce and Industry (the Chamber) issued an important media release called “Preparing for workplace psychological health reform”. As with most media releases related to occupational health and safety (OHS) matters, it received little attention.
Anton Zytnik a consultant for the Chamber, warned against “mental health washing”, but this media release also contains examples of avoidance and misdirection. And he’s not the only one.
Speculation is occurring about the introduction of Industrial Manslaughter (IM) amendments by the incoming Labor Government in New South Wales. It is likely, as the Australian Labor Party, when in opposition last year, introduced an IM Bill into Parliament. But Industrial Manslaughter laws promise more than they deliver as the push for these laws is based on politics rather than justice or workplace health and safety.
In December 2021, five children died, and others were injured when an inflatable jumping castle lifted into the air after a strong gust of wind. WorkSafe Tasmania continues to investigate the incident, as is the Tasmanian Coroner. Recently the Coroner postponed the inquest because WorkSafe would not provide documents essential to the process, prolonging the grief of the families and the local community who want, and need, answers.
An employment dispute over working hours has entered the mainstream media as it relates to the office of one of the crossbench independent members of parliament, a favourite target of some of the media. The dispute over the meaning of additional reasonable working hours illustrates several occupational health and safety (OHS) issues.
