One of the prominent occupational health and safety (OHS) lawyers in Australia has started a podcast. The first episode discusses Industrial Manslaughter.
Steve Bell of law firm Herbert Smith Freehills recently published the Safety Podcast, but the title is a bit of a misnomer as, judging by the first episode, the discussion is more about safety law than safety. Regardless, the podcast adds to our state of OHS knowledge.
Matthew Peacock is an award-winning Australian journalist and one of the very few in Australia who can bring an informed and nuanced perspective to the topic of occupational health and safety (OHS). Last week he was invited to speak at the dinner of the Safety Institute of Australia‘s Conference. According to some delegates, he roasted the OHS profession; to others, he set the profession a deserved challenge.
A day out from Australia’s election and the discussion has been sidetracked by the death last night of prominent Australian Prime Minister, Bob Hawke, but occupational health and safety (OHS) continues to be mentioned obliquely by some of the candidates. The other day, Bill Shorten’s OHS mentions were reported on. Prime Minister Scott Morrison and one of his Ministers, Michaelia Cash, also made mention of safety and OHS overnight.
Regardless of who wins tomorrow’s election, inspirational leadership is needed to apply a revised structure on how the government influences and regulates OHS, especially in the transport sector.
On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.
The Age newspaper reports
“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”
and that
“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”
Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.
According the Weekly Times newspaper on May 8 2019 (paywalled), Mojo Motorcycles remains committed to the Australian quad bike market. Polaris acknowledges that
“…. ATVs will go the way of the dodo.”
The Farmsafe and National Farmers Federation (NFF) Workforce Committee, Charles Armstrong, has, in Farmonline National, described the threats by Honda and Yamaha as
“….. an astonishingly infantile reaction from otherwise respected multinational companies.”
The mainstream media did cover the Australian Labor Party’s statement about workplace safety and industrial manslaughter laws. These issues also featured, unsurprisingly, in some of the commemorations on International Workers Memorial Day. But the issue was largely left floating, irretrievable in the political swimming pool.
David Martin-Guzman, writing for the Australian Financial Review (AFR), painted the ALP announcement as advocating on behalf Australia’s most militant trade union, the Construction Forestry Mining Maritime and Energy Union (CFMEU). This approach sadly places any OHS activity purely in the context of industrial relations. That is likely placing OHS as only part of Human Resources. OHS is its own profession, has its own principles and is supported by its own legislation and government regulator.
On March 17 2019, a community radio program and podcast “The Concrete Gang” broadcast some comments about occupational health and safety (OHS) on a rail construction site in Victoria, Australia, believed to be the Aviation Rd, Laverton site. SafetyAtWorkBlog attempted to factcheck the accusations.
Construction company McConnell Dowell is providing construction services on various sites for the Level Crossing Removal Project. According to The Concrete Gang:
“… McConnell Dowell level crossing removal have had a few dramas out there what we’ve got is we’ve a live train and they’re trying to put a level crossing in while there’s a live train going. They normally do what we call a shutdown which is an occupation where they shut down the line and they’re lifting concrete beams and build a bridge. Well McConnell Dowell in their wisdom are trying to do it between 10-minute stops…”
“….the workers on the job have got issues because they’re obviously lifting precast elements over trains and there’s obviously no safety…”