“as far as politically practicable”

Last week WorkSafe Victoria announced that it was prosecuting the Department of Health over breaches of its occupational health and safety (OHS) duties with the management of Victoria’s Hotel Quarantine program. There is very little information available beyond what is included in the WorkSafe media release until the filing hearing at the Magistrates’ Court on October 22 2021.

Most of the current commentary adds little and usually builds on the existing campaigns to charge (Labor) Premier Dan Andrews with Industrial Manslaughter. Still, it is worth looking at WorkSafe’s media release and the thoughts of some others.

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Political attack falls flat

There is an animosity between the Liberal Party in Victoria and some of its sympathetic media and WorkSafe Victoria, particularly aimed at the CEO, Colin Radford. Most of this has been played out in the mainstream media, but recently, in the Public Accounts and Estimates Committee (PAEC) of the Victorian Parliament, the Deputy Chair, Richard Riordan (Liberal), slagged off WorkSafe and Radford over Victoria’s Hotel Quarantine Program. His attack was ineffective and showed a lack of understanding of WorkSafe’s enforcement role and occupational health and safety (OHS) laws.

This performance overshadowed some of the points being made by the Minister for Workplace Safety, Ingrid Stitt (ALP), in the hearing. However, she omitted the upcoming imposition of on-the-spot fines.

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Change in the air on ventilation

One of Edward O’Donoghue’s recent Motion supporters in Victoria’s Parliament was Georgie Crozier, the Liberal Opposition’s Shadow Health Minister. In her speech in support of the Motion, she mentioned ventilation:

“I have been asking for the audits of what has occurred in hotel quarantine under the new structure that the government put in after that catastrophic failure of last year. They said, ‘The system’s fixed; everything is fine. We’ve got processes in place and it’s safe’. Well, it is not safe. I have been wanting to see those ventilation audits, see those safety audits, look at the issues that are arising here, because the other states are not having the same degree of breaches and problems and terrible consequences that we are in Victoria. So something is going wrong; something is going terribly wrong. It is the Andrews government that has to take responsibility for this. It is an absolute outrage that they continue to not take responsibility for this.”

Hansard, Page 24

Until recently, Australia was reluctant to accept the spread of COVID19 by air. The focus was on droplets and the cleanliness of surfaces. An aerosolised coronavirus’s risk was, until very late last year, a fringe risk – one not substantiated by evidence.

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Playing the man and not the hazard

People like Ken Phillips continue to pursue Premier Daniel Andrews and others for alleged breaches of occupational health and safety (OHS) laws over COVID19-related deaths stemming from failures in Victoria’s hotel quarantine program. On March 17 2021, the pressure to hold the Premier to account increased in the Victorian Parliament, largely under the guise of OHS duties.

On March 17, 2021, the following motion was put to the Legislative Council by the Liberal Party’s Shadow Attorney General, Edward O’Donoghue:

“… that this House calls on the Minister for Workplace Safety, the Hon Ingrid Stitt MLC, to exercise her power, confirmed in section 7(1)(a) of the Occupational Health and Safety Act 2004, to direct WorkSafe Victoria to —
(1) conduct an urgent investigation into all occupational health and safety risks and corresponding responsibilities for duty holders within the Hotel Quarantine Program managed by COVID-19 Quarantine Victoria and its predecessors with responsibility for hotel quarantine;
(2) ensure the report includes details of the health and safety risks and corresponding responsibilities for duty holders;
(3) complete the inquiry and present a Report to the Minister for Workplace Safety by 31 May 2021; and
(4) cause the Report to be tabled in the Council on the next sitting day after it has been received from WorkSafe Victoria.”

Hansard, pages 23-24
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Seeking accountability in a pandemic

The Australian newspaper’s Robert Gottliebsen continues to bash the Victorian Premier and WorkSafe Victoria over the outbreak of COVID19 that originated from workers in the Hotel Quarantine Scheme. He insists that the government has occupational health and safety (OHS) responsibilities for the workers in the hotels, especially the security guards through which transmission to the community occurred. His arguments are logical, but what he is really searching for is accountability and, perhaps, in a global pandemic, there is none.

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Alan Jones vs Dan Andrews

Not Alan Jones

The calls continue for the Victorian Premier, Dan Andrews, to be charged with Industrial Manslaughter over COVID19-related deaths that resulted from a poorly-managed hotel quarantine program. This time the topic was picked up be one of Australia’s conservative big guns, Alan Jones.

Jones hyperbolic rhetoric was on full display in his interview with Ken Phillips, who started the Andrews Industrial Manslaughter campaign.

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Truck driver death is relevant to all

Well before the push for Industrial Manslaughter laws was the occupational health and safety (OHS) offence of “reckless conduct”. A media report from the LaTrobe Valley Express recently showed how one employer’s neglect of basic safety practices and processes resulted in the death on 21-year-old Damien Taifer.

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