Earlier this years SafetyAtWorkBlog wrote about accusations of a conspiracy between WorkSafe Victoria, Victoria Police, and construction company McConnell Dowell, made by a trade union radio program “The Concrete Gang“. The accusations have been mentioned in mainstream media. SafetyAtWorkBlog has obtained more details of the incident.
This week Safe Work Australia commenced another round of public consultation on the recommendations of the Boland Report. There was no hint of this at last week’s WHS Prosecution and Enforcement Conference. That conference had no speaker from SWA but it did have Marie Boland as a keynote speaker, and even she made no mention of this next stage of consultation. However, the conference was lively, challenging and revealing.
SafeWorkSA’s CEO, Martyn Campbell, is fast becoming the highest profile occupational health and safety (OHS) regulator in Australia, partly because he has committed to communicating with stakeholders. Recently on the SafetyOnTap podcast Campbell, spoke about non-paper-based compliance. Given the current attention to safety clutter by David Provan and Greg Smith, his comments deserve some brief consideration.
Campbell was speaking about the importance of formalising OHS investigations through ICAM or root cause analysis and how proof of safety compliance comes through paperwork:
The Victorian Government released its State Budget on May 27, 2019. The Budget Papers include some references to occupational health and safety (OHS).
Infringement Notices
The Budget Papers state that new infringement notices will be available for WorkSafe Victoria to use.
“Workplace safety will be improved through the introduction of infringement notices for a range of occupational health and safety offences, adding to the suite of compliance and enforcement tools available to WorkSafe Victoria.”
page 88 – Budget Paper 3 – Service Delivery
Labour Hire is almost always seen in purely commercial terms of salaries, business costs, production rates, labour availability, migrant workers, and more. Occupational health and safety (OHS) is often seen as an add-on, a term that is included in a media story because it should be, not because the author has really thought about it or sees OHS as legitimate.
Australian States are beginning to introduce certification/regulations schemes for the Labour Hire industry as a result of the exposure of workplace abuses in this labour supply process. Not all States though. Queensland has one that has been running a year or so, Victoria’s is open for registration applications at the end of April 2019 and full operation before the end of 2019; South Australia began its system, but an election changed the political priorities and that scheme is in limbo. The other States are unclear on their preferences, but it is clear that there will be no national labour hire scheme.
Victoria’s Labour Hire Authority (LHA) Commissioner, Steve Dargavel, has just started his roadshow for explaining what the regulations are all about, how to apply, what it will mean and what it will cost. Importantly OHS and workers’ compensation are integral parts of the scheme and therefore part of what the LHA Inspectors will be looking at and enforcing.
In March 2019, the Northern Territory government released its “Best Practice Review of Workplace Health and Safety in the Northern Territory”. This report was written by Tim Lyons who reviewed the Queensland work health and safety (WHS) Laws not so long ago. Lyons is creating a career path as sustainable as Alan Clayton who seems to have reviewed all the workers’ compensation systems in the Asia Pacific!
There are many similarities between the two reports which is not surprising – same Model WHS laws, same reviewer….. Yes, Industrial Manslaughter laws were recommended but this is almost a pro forma recommendation at the moment, as it has been supported by at least two State governments, recommended in a Senate inquiry into industrial deaths and pragmatically recommended by the Boland Review. In many ways these WHS-related reviews are feeding off each other.
Last year SafeWork South Australia was evaluated by that State’s Independent Commission against Corruption. A couple of years ago Martyn Campbell (pictured right) took on the role as the Executive Director. SafeWork SA had obvious challenges and Campbell has needed to recalibrate the organisation to meet contemporary standards and expectations.
SafetyAtWorkBlog had the chance to put some questions to Martyn Campbell recently. Below are his responses.