Wilde about Industrial Manslaughter

Many people are sick of the issue of Industrial Manslaughter because it has seemed to dominate the discussion of occupational health and safety (OHS) and taken the focus away from harm prevention reforms on silica, mental health and others. However, Industrial Manslaughter (IM) continues to be raised in Australian Parliaments. In December, Shadow Minister for the National Disability Insurance Scheme & Government Services, Bill Shorten, reminded us of some of the arguments in favour of Industrial Manslaughter laws and penalties.

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You cannot have a future of work without a past

It seems like every other day there is an article online or in the press about the “future of work”. One I noted this morning is a two-minute video posted by Human Tech. The odd thing is that the future the speaker, Blake McGowan, discusses is very familiar, but is more about the past and the present than the future and it is very difficult to progress if you don’t acknowledge the history.

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Culture, greed and safety heckles

More business “gems” from the Australian Financial Review (AFR).

The potential for corporate change from Australia’s Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry is fading fast. Back in July 2020, the Australian Financial Review (AFR) reported on an investigation by the Australian Prudential Regulation Authority (APRA) that found, according to the AFR’s headline, that Westpac bank’s culture was immature and reactive.

Safety culture, or an organisational culture that integrates safety, has been a running theme in Australian occupational health and safety (OHS) circles for several decades now but it has rarely gained traction. Partly this is due to the distraction presented by corporate wellbeing programs which address symptoms of ill-health and un-safety and provide a comfortable excuse for company executives who can then claim some action even if the results are dubious.

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Mandatory COVID19 vaccinations? Yep.

Each Monday in January 2021, workers are returning to workplaces, worksites, and offices, often with regret that the Christmas/New Year break was not long enough. This year their return is complicated by concerns about COVID19.

The major talking point, at least in Australia, is “can an employer force a worker to be vaccinated as a condition of returning to work?” and the answer seems to be “Yes”.

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WorkSafe Victoria’s COVID19 OHS investigations

WorkSafe Victoria and its CEO Colin Radford have been pilloried by a couple of political and economic commentators recently, especially over the handling of the Hotel Quarantine Program. Radford and WorkSafe have wisely not reacted to the loudest voices and have continued their work investigating COVID19-related breaches of the occupational health and safety legislation.

One of the accusations of the commentators is that the OHS regulator has been slow to act. The Herald-Sun newspaper published an article on January 7, 2021 based on the list of companies being investigated but mentioned only a handful. The full list is included below.

Newspapers must make editorial decisions in relation to newspaper space so the omission of the full list is understandable. However, the online version, for which space is not an issue, still omitted the list or at least a hyperlink to the list. The online and printed articles are almost the same except that the online version omits the name of Australia’s largest hardware stores, Bunnings, from the first paragraph; an editorial decision (or error) that is hard to understand.

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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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“safety theft” in the gig economy

An opinion piece by Dr Elliot Fishman, of the Institute for Sensible Transport published in the HeraldSun newspaper on January 3, 2021 mentions Industrial Manslaughter in relation to food delivery drivers. (The article appears to be unavailable online) The link is tenuous and seems outside of Dr Fishman’s main area of expertise, but that seems to be the nature of Industrial Manslaughter penalties, they pop up in all sorts of discussions, many unrelated to the point being made.

The point Dr Fishman seems to be making is that the delivery of food on two-wheeled vehicles is dangerous, as shown by recent deaths of several riders in Victoria and New South Wales, and he poses several questions and suggestions to improve the situation:

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