Industrial Manslaughter exemption for mining looks over

Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.

Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.

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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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Mining comments are revealing

The reader’s comments on online articles can be very revealing. Below is a discussion of some of the comments posted on The Australian website in response to an article about the accuracy of workplace fatality data in the mining industry. Given that this is one of the few mainstream media articles about occupational health and safety (OHS), they are telling.

One commenter asked the newspaper:

“… if one of your accountants based in the Sydney office were to have a car accident in Parramatta while driving to work in the morning, would you include that in your OHS statistics as a workplace fatality?”

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Questions asked on mining death data

The Australian newspaper published an article from the The Wall Street Journal titled “The hidden death toll from mining” (paywalled), written by Alistair Macdonald and others that questions the workplace health and safety prominence that is given to the minerals/materials sector. The opening paragraph is:

” Many mining deaths aren’t captured by global safety statistics, making the industry seem safer than it is to regulators, investors and consumers.”

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Aim for prevention, to affect real change

The Minerals Council of Australia (MCA) has released its submission (not yet online) to the Safe Work Australia’s (SWA) review of the Regulatory Impact Statement on the recommendations from the Boland review of the Model Work Health and Safety laws. It is comprehensive but contains little that is new. An interesting interpretation of the submission comes from considering how the MCA’s recommendations prevent harm, for prevention is the challenge.

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Oral biffo over safety in Queensland Parliament

Before Christmas, the Victorian Government will be presenting a Bill for Industrial Manslaughter laws to the Parliament. The core elements of accountability and penalty are expected to be little different to the Bill that failed to pass Parliament earlier this Century by a bee’s whatsit. The debate is likely to be on the same benefits and costs, so one can reread Victoria’s Hansard from 2002 or look at the debate in Queensland Parliament last week where that Government’s “Safety Reset” has generated arguments about which party is more committed to occupational health and safety (OHS).

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Queensland’s ‘Safety Reset’

Queensland is undertaking a “safety reset” following several recent deaths in the mining and quarry industry. This government initiative has the backing of the resources sector and has collated a good amount of safety resources in support of what is a mandatory exercise.

What is a little different in this initiative is that it reinforces that the primary responsibility for occupational health and safety (OHS) rests with the employers and company owners. In the past, government initiatives have tended to take on the responsibility for the OHS changes or imply that it is the government’s job to fix the situation and the relative safety cultures, as if it was government (in)activity that caused the problem.

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