“safety theft” in the gig economy

An opinion piece by Dr Elliot Fishman, of the Institute for Sensible Transport published in the HeraldSun newspaper on January 3, 2021 mentions Industrial Manslaughter in relation to food delivery drivers. (The article appears to be unavailable online) The link is tenuous and seems outside of Dr Fishman’s main area of expertise, but that seems to be the nature of Industrial Manslaughter penalties, they pop up in all sorts of discussions, many unrelated to the point being made.

The point Dr Fishman seems to be making is that the delivery of food on two-wheeled vehicles is dangerous, as shown by recent deaths of several riders in Victoria and New South Wales, and he poses several questions and suggestions to improve the situation:

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“exponential increase in mental injuries in the workplace” and other statements in a Victorian Parliament committee

Three years ago, WorkSafe Victoria indicated that it would consider prosecuting farmers for breaches of occupational health and safety (OHS) laws. That possibility seems to have disappeared based on the latest Minister for Workplace Safety’s appearance at the Public Accounts and Estimates Committee (PAEC).

Ingrid Stitt‘s appearance centred on questions related to the 2020-21 Budget Estimates and touched on Industrial Manslaughter, gig workers, mental health, and construction and farm safety.


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Federal leadership misses State action

Australia’s Industrial Relations Minister and Attorney-General, Christian Porter, has popped up on occupational health and safety (OHS) issues several times in the last few weeks. It is fair to say that each time he has not really shone, partly due to political ideology and partly due to constitutional structures. Some of these barriers, the Minister can address.

As mentioned recently, several food delivery drivers have died. Minister Porter was asked specifically about one of these deaths, that of Chow Khai Shien, in Parliament by the Australian Labor Party’s Josh Burns. Porter said that he had talked to representatives of the Transport Workers Union about this type of work, but:

“One of the things that we discussed in that meeting was the fact—that is acknowledged, I think, inside the union—that occupational health and safety for those drivers is, not just predominantly, but essentially, a state based responsibility.”

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Gig work changes that could save lives

The New South Wales government is conducting an inquiry into the gig economy, modern versions of precarious work. There has been five deaths of food delivery workers over the last few months and this has increased media attention on the Inquiry and the issues raised.

On November 28 2020, Joellen Riley Munton, Professor of Law at the University of Technology, Sydney spoke on the Australian Broadcasting Corporations’ AM Program. Out of all the recent media discussions on gig work, Munton’s seemed the most targeted on occupational health and safety (OHS).

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Thanks, but we need more

Statistics are vital to any decisions about occupational health and safety (OHS). Safe Work Australia (SWA) does a great job providing statistical packages based on the data sources it can access. Last week SWA released its 2019 report on “Work-related Traumatic Injury Fatalities” which identified vehicle collisions as, by and large, the most common cause of worker fatalities. This category may be a surprise to many readers but perhaps the most important part of the report is what is omitted.

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Hospitality survey shows the size of the hurdle to reform

This photo was taken in the Victorian Night Market during winter

Hospo Voice, a trade union for Australian hospitality workers has released a report on a survey of more than 4000 workers between March and June 2020. #RebuildHospo: A Post-Covid Roadmap For Secure Jobs In Hospitality has all the limitations of other surveys done by members of an organisation rather than independent research but this report offers a framework for safe and decent work that reflects many of the occupational Health and safety (OHS) that SafetyAtWorkBlog has reported on.

The union claims that hospitality workers endorse four important work elements:

  • Secure jobs,
  • End to wage theft,
  • Safe and respectful workplaces, and
  • Justice for migrant workers

OHS has a thin presence in this report, mainly discussed in that third bulletpoint but an integrated analysis would show that OHS is involved with more of the elements.

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Accusations of cover-up at Senate Estimates

Safe Work Australia also attended Senate Estimates late last month. COVID19 is an unavoidable focus but we learnt that the latest fatality report will be released early this month, obtained more details on the response to the Boland Report, heard more about the gig economy but the climax was accusations of a coverup with Senator Deborah O’Neill (ALP) saying:

“Minister Porter… influenced Safe Work Australia—how independent; running for cover!”

page 65, Hansard
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