James Curtin and I have been trying to find time to sit down and talk about occupational health and safety (OHS) and Industrial Manslaughter (IM) laws ever since I interviewed trade unionist Dr Gerry Ayres in 2018. The most recent IM laws have recently passed in Victoria and James and I finally found some time to talk.
Below are the personal and professional points that James made in the interview. The rest of the article contains the full interview.
- Workplace manslaughter has not been found to improve safety and pushing ahead with a model that excludes some duty holders from the offence was/ is wrong
- There was no gap in the law that this new offence sought to fill. It was an ideologically fuelled position.
- The model should have been one in all in (like reckless endangerment) or one out all out (and replicate the UK’s Corporate Manslaughter Laws)
- Working for an employer or employee organisation is a great privilege. You need to represent your constituents effectively but in doing so be mindful of any bias. Some Associations represented their members very well throughout this debate. Some did not. That was very disappointing.
- Employers have to take their OHS obligations seriously. WorkSafe play a vital role in regulating Victoria’s OHS laws.
- If you are in business you have to take your obligations seriously. Everyone should have the opportunity to start a business, if they wish, but they must have high regard to their obligations. An effective way of ensuring this is through regulator involvement – proactively and reactively.
- Compliance and enforcement needs to be looked at differently. Larger fines and custodial sentences is not the answer. Each case needs to be dealt with on its merits and enforceable undertakings can play an integral role
The COVID19 pandemic is a public health challenge but what happens when workplaces are integral to the control and spread of the virus? This overlap between public health and occupational health is complicated and unlikely to be resolved in the short term, however, it can fixed in the longer term. The crisis in the Australian State of Victoria (where this author lives) offers an example of this complexity, but also an opportunity for positive change, perhaps even, a Department of Safety.
Last weekend across the road from home, two workers were on the roof of a three-storey apartment block construction installing or inspecting solar panels. No fall protection, no harnesses. I grabbed my phone to notify my local WorkSafe about this unsafe work activity. The switchboard was closed, and the phone number listed on the website was identified as only for emergencies. Was this an emergency? Not sure. By the time I worked it out, the workers were off the roof and the opportunity passed.
I now wish that my State had a notification app like that operating in New South Wales. I would have taken some photos and notified the occupational health and safety (OHS) regulator. The “Speak Up, Save Lives” app seems good, but it may also undercut the pathways to Consultation established through the OHS laws.
It has been assumed that Australian businesses that have continued to operate during the COVID19 pandemic have been maintaining their occupational health and safety (OHS) audits and assessment; and that the safety regulators have been inspecting workplaces. On May 6 2020, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) released the findings of
“…a series of remote COVID-19 specific inspections, confirming operators of offshore facilities are equipped with adequate arrangements for protecting workers from infectious diseases such as COVID-19.”
The findings are interesting but perhaps of more interest is the questions that were asked and how the answers were verified.
Workplace health and safety risks related to COVID19 emerge in Australia and the United Kingdom.
Trade Union Suggestions
On May 5 2020, the Australian Council of Trade Unions released a statement on occupational health and safety (OHS) calling for certain Industrial Relations and OHS changes, including:
- Paid pandemic leave
- New regulations on safety and health standards, and
- Compulsory notifications to Health Departments and OHS Regulators.
SafetyAtWorkBlog has been led to believe that the paid pandemic leave is intended to apply from the time a worker is tested for COVID19 through their isolation while waiting for the test results and the operation of sick leave should the test results be positive.