Why are we arguing about Industrial Manslaughter laws?

From left: Dave Brownlee, Janine Brownlee & Lana Cormie

On the issue of Industrial Manslaughter laws, Lana Cormie (pictured far right) said:

“Employers need to have motivation to do the right thing, ’cause clearly they don’t do it off their own back.  So, if that means, if this’ll be the difference between them making OH&S a high priority and not, then it needs to be done.  And I think all the other benefits for the men on the ground, and the women on the ground, will filter down from that.  “

Her comments on International Workers Memorial Day emphasises that the introduction of these laws is not so much about new laws but the failure of the existing ones and of their application.  Over time, the general commitment to implementing occupational health and safety (OHS) has declined in many workplaces or, at least, has not progressed in the way expected by the safety law makers of the 1970s and 1980s.

Government has relied on the increase of financial penalties as the major deterrent Continue reading “Why are we arguing about Industrial Manslaughter laws?”

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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Flogging the banks could help safety

Australia’s Royal Commission into banking and financial services is a few months in and the evidence provided of wrongdoing is so substantial that those who were critical of the need for such an investigation are admitting they were wrong.

SafetyAtWorkBlog is applying the logic that occupational health and safety (OHS) succeeds best when it is part of the organisational culture.  Australia has often held its banking and financial services as “world-class” and many of that industry sector’s leaders have been prominent in speaking about the importance of leadership and corporate morality.

The financial and banking industry’s credibility and authority in Australia is gone and the OHS profession can learn much from this failure, even when the failure is in its early stages of exposure.

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Pfeffer cuts through on OHS

“…if we truly care about human beings and their lives, including how long people live…. we need to first understand and then alter those workplace conditions that sicken and kill people” (page 25 – “Dying For A Paycheck”)

Jeffrey Pfeffer has been doing the rounds of the Safety and Human Resources conferences for some time, talking about “dying for a paycheck”.  This year he published a book of that title, a book that should be obligatory reading for occupational health and safety (OHS) professionals and, more importantly, company executives.

This book is one of the few that I have read from cover-to-cover and wanted to do so in as short a time as possible because I wanted to understand the big interconnected picture of business management and policy setting that Pfeffer discusses.

Pfeffer presents a lot of data packaged in a fresh and fascinating form but regularly complains about the lack of data.  One of the joys in the book is being tantalised by what data he presents but then being frustrated when realising that that is the extent of the data available.   Continue reading “Pfeffer cuts through on OHS”

OHS could benefit from this Innovation report

Australia’s Office of the Chief Economist released a report on December 6 2017 whose relevance to occupational health and safety (OHS) is not immediately apparent but contributes to understanding the context of OHS in modern business processes.

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What do Weinstein, Spacey and others have to do with OHS?

“Then I went, ‘Oh hang on, I’ve normalised so much of this as part of my industry…. This last three months has really made us all take a long hard look at what we have even let ourselves think is acceptable.” – Sacha Horler

Such a statement is familiar to those working in the field of occupational health and safety (OHS).  This normalisation, or habituation, has underpinned much of the discussion of what builds a safety culture – “the way things are done round here”.  As a result of revelations and accusations pertaining to Gary Glitter, Rolf Harris, Jimmy Saville, Robert Hughes, Harvey Weinstein, and Kevin Spacey, the entertainment industry around the world has been forced to assess the fundamental ethics on which sections of its industry are based.  Continue reading “What do Weinstein, Spacey and others have to do with OHS?”

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