OHS and the CFMEU

Australian media and politicians have been frothing over revelations and allegations of criminal and bikie gang influence in the country’s largest construction industry trade union, the CFMEU (Construction Forestry Mining and Energy Union). The coverage has been almost entirely concerned with industrial relations, but occupational health and safety (OHS) is present in any trade union scandal, though usually on the fringes. OHS appeared in several areas of the controversy in late August 2024.

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“show me the bodies”

Significant changes in occupational health and safety result from one or more work-related fatalities. To my knowledge, this has not been labelled anyone’s “rule”, but it is a sad truism, and there are examples everywhere.

Episode One of the BBC’s excellent Grenfell podcast series references the phrase “show me the bodies” as having been said by a British bureaucrat requesting more evidence of the risks of external cladding on high-rise apartments. Such a thoughtless request implies that nothing needs to be done until there is evidence of a significant likelihood of death.

However, this article is not about Grenfell Tower (which will be coming soon) but about occupational health and safety (OHS) consultation and its failure.

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Kevin’s “Law of Common Sense” and the Right To Disconnect

This week, the “Right-to-Disconnect” became law in Australia. According to a prominent business newspaper, the Australian Financial Review (AFR), this is the latest example of the risk of the sky falling. It is not. Instead, the right-to-disconnect is a rebalancing of the exploitation of workers’ psychological health and that of their families. But you wouldn’t know this from the mainstream media coverage. There is no mention of mental health in the printed AFR article.

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Weaponising Industrial Manslaughter

Prosecution for Industrial Manslaughter in Australia’s occupational health and safety (OHS) is supposed to deter employers from neglecting the health and safety of their workers, but there is very little evidence of effective deterrence from this type of penalty, or improved safety and healthy working conditions.  Industrial manslaughter seems to have more of a marketing and political impact.  It allows governments to say they are doing something tough on OHS even though the changes have little deterrence and continue to be difficult to apply to the intended corporate targets.

The Queensland Parliament has provided a recent example of the political weaponisation of Industrial Manslaughter.

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“don’t trick people” – Greenwashing and Safewashing

Nobel-prize winner Joseph Stiglitz does not write about occupational health and safety (OHS). However, he does write about the sociopolitical and economic context in which businesses operate and from which worker health and safety decisions are made. In August 2024, Stiglitz is touring Australia. On August 7, 2024, he addressed a packed auditorium in Melbourne.

The topic was Greenwashing. He shared the stage with Senator Sarah Hanson-Young and Polly Hemming. The event, and I think the tour, was sponsored by The Australia Institute. Why was an OHS professional at a greenwashing lecture? The tools, techniques, and preventions of greenwashing are often echoed in OHS.

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ESG and OHS

Recently, Herbert Smith Freehills (HSF) conducted a seminar on internal workplace investigations and ESG (Environmental, Social, and Governance) frameworks. Occupational health and safety (OHS) seems to be gaining more attention as an ESG element, but it must compete with so many other elements that it may always be seen as a side issue.

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Trenching deaths and radio report

I am a fan of NPR’s radio program, All Things Considered. Occasionally, it reports on workplace health and safety matters. On July 19, 2024, it reported on the unacceptable number of deaths from trenching activities in the United States. The content was shocking and disappointing (the default setting for many reactions to occupational health and safety (OHS) matters), but the report’s format is an excellent example of journalism.

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