The Western Australian Government is getting serious about making its occupational health and safety regime consistent with the strategies and operations of the other Australian States. On 27 August 2017, Premier Mark McGowan stated, in a media release, that
“Penalties for workplace safety offences haven’t changed for 13 years. The substantial increases reflect the seriousness of ensuring the safety of Western Australian workers.”
Coincidentally, as an article about quad bike safety was being uploaded to this blog, details of the release of Tasmanian coronial findings were received. The findings were released by Coroner Simon Cooper on August 25 2017 and were not reported widely.
The Coroner investigated seven deaths related to quad bikes but only two occurred on workplaces or as part of performing work – Heather Richardson and Roger Larner. Curiously, WorkSafe Tasmania did not investigate these work-related deaths. Continue reading “Tassie Coroner releases his safety findings on 7 quad bike deaths”
The Queensland Government has released the final report of its “Best Practice Review of Workplace Health and Safety Queensland“. Most of the media attention is given to the introduction of Industrial Manslaughter laws but there are some interesting recommendations and discussion on Enforceable Undertakings, insurance products and other matters of interest to business and safety professionals.
The Queensland Government announced the review earlier this year, particularly, in response to fatalities at Dreamworld and Eagle Farm. A Discussion Paper was released in April.
Industrial Manslaughter
Industrial Manslaughter laws have been floating around Australia’s occupational health and safety (OHS), legal union and political sectors for many years. Only the Australian Capital Territory (ACT) introduced such a law and the Crimes (Industrial Manslaughter) Amendment Act 2003 remains in effect.
The significance in this Queensland report is that the document is entitled “Best Practice” so the panel, based on its own experience and the many submissions it received, adds considerable weight to these controversial laws.
On 17 August 2017, Matthew Swinbourn of the Australian Labor Party spoke, at length, in the Western Australian Parliament about workplace safety. His address did not seem to be prompted by an industrial relations dispute or a recent fatality but is supportive of general occupational health and safety (OHS) principles and the changes in WA law to improve compatibility with the Work Health and Safety laws and obligations in other States.
The response from the former Minister for Commerce and Liberal Party member, Michael Mischin, was a curious mix of rebuttals and was one of several Parliamentarians who chose to speak about workplace safety in that State’s Legislative Council.
According to Hansard for that day, Swinbourn mentioned the substantial cost burden on individual workers and their families of workplace injuries.
“Of these costs—this was a surprising figure to me—the overwhelming majority, 95 per cent, is borne by individuals and society. Workers bore 77 per cent of those costs, the community 18 per cent and employers five per cent.”
Innovation in occupational health and safety (OHS) is often encouraged by government but government processes and policy can also discourage and limit this. An obvious example is where government insists on compliance with OHS laws in its tendering criteria but acknowledges that the tender safety criteria remains outdated and, privately, that OHS compliance is not enough to ensure a safe and healthy workplace.
An important OHS document in the Victorian bureaucracy and construction sector is a
The use and abuse of Safe Work Method Statements (SWMS) has been researched in Australia for several years. SafetyAtWorkBlog has seen a copy of an unreleased report prepared for Safe Work Australia that identifies major problems with the use of SWMS but that makes recommendations which seem unlikely to achieve the level of change required.
The February 2017 report “The Efficacy of Safe Work Method Statement and WHS Management Plans in Construction” (written by
The community and media responses to the Australian Human Rights Commission report into sexual assault and harassment in Australian universities continue but until the Australian Government responds, it is unclear how the risks will be reduced, particularly as many members of the current Federal Government have been openly hostile to the AHRC and its previous Commissioner, Gillian Triggs. After having rubbished the Commissioner and the institution, how will the government respond?
Following on from the very popular SafetyAtWorkBlog article about the report yesterday, it is worth looking at the AHRC recommendations in the occupational health and safety (OHS) context.
It should be noted that OHS places the principal responsibility on the employer, in this instance, the universities and the Vice-Chancellors. Some have already started to call on the government to play a role, with implications that it should be leading the change: Continue reading “University sexual assault – an OHS perspective”