November 2022 was a very busy month of politics (and a football World Cup) which distracted many of us from our usual monitoring of OHS announcements. Below is a summary of some of those from the last couple of weeks.
The South Australian Parliament has sent its Work Health and Safety (Crystalline Silica Dust) Amendment Bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for inquiry and report.
The legal action by Self-Employed Australia’s Ken Phillips to hold the Victorian Premier, Daniel Andrews, ministers and senior bureaucrats accountable for COVID-19-related deaths stemming from the failure of the hotel quarantine program appears to have failed. At least it has in the courts, fringe community and political views still exist saying that Andrews should be pursued for murder or industrial manslaughter.
If you needed confirmation that the mainstream media is disinterested in occupational health and safety (OHS) unless there is a disaster or the incident can be narrowly categorised as sexual harassment, bullying or suicide, last week, the Australian Parliament passed important amendments to the Model Work Health and Safety laws. It seems OHS cannot compete with sexual harassment laws (I’m okay with that) or Industrial Relations (or Australia’s wins in the World Cup).
On December 1 2022, Workplace Relations Minister Tony Burke‘s Second Reading Speech included the removal of insurance policies that could pay for financial penalties awarded against OHS breaches and a pledge to put Industrial manslaughter back on the national agenda.
Australia has yet to offer a good reason for hazardous engineered stone products not being banned from import and use. On November 23 2022, Australia’s most influential construction union, the CFMEU, stated that it would ban these products from mid-2024 if the Federal Government does not. Trade unions no longer have the level of influence or numbers to achieve these sorts of bans. As with asbestos many years ago, such campaigns risk taking more credit for the potential occupational safety and health reforms than they deserve.
What was missing most from the recent conference of the Asia Pacific Occupational Safety and Health Organisation was a strong Asia-Pacific voice. Certainly, there were presentations by Asian OHS professionals and some westerners working in Asia, but the keynote speakers were almost from Anglo-European cultures. This made it hard to understand if the conference was designed for Asian safety and health professionals to learn from us or for Australians to learn from them. Perhaps it was just for all of us to learn as a profession.
Some of the keynote speakers offered universal suggestions for improving the management of workplace health and safety, but perhaps these were so universal as to be generic or safe. For instance, one of the greatest challenges for the Asian region, in particular, is ensuring the safety of migrant workers. There was one mention of the deaths of the World Cup construction workers, and that was in passing.
Below is a summary of the conference and some of the occupational health and safety issues (OHS) raised.
On November 16 2022, Tony Burke, Minister for Employment and Workplace Relations, spoke at the National Press Club in Canberra. Although his portfolio has occupational health and safety (OHS), workplace health and safety was mentioned only once in passing. In this instance, that’s okay because he is trying to pass a major piece of industrial relations (IR) law. But some of his speech raised issues related to work or how businesses are managed, which do have important OHS contexts.
“Jobs” is a term regularly used in election campaigns as creating jobs can provide wealth directly to those working and less directly to their employers. But rarely are “safe jobs” mentioned. The Victorian Premier Daniel Andrews mentioned “safe jobs” in his campaign speech for the election later this month. Perhaps more interesting is his pledge to put people before profit.
Andrews was speaking of his success in creating 600,000 jobs since he came to power eight years ago. He said:
“…..when we came to government, we promised we’d get Victoria back to work. Since then, we’ve created nearly 600,000 jobs. More than 300,000 since September 2020. But it’s not just jobs. We want them to be good, secure, safe jobs. It’s why we introduced Australia’s first-ever wage theft laws. And it’s why we made workplace manslaughter exactly what it is: a crime. But when it comes to making Victoria stronger, safer and fairer, our work is far from over.”
