politics – Page 68 – SafetyAtWorkBlog

Industrial Manslaughter is more than just a law, it is a cry for justice.

For those Australians who are watching the latest political push for Industrial Manslaughter laws, it is important to remember that the activity has a history that extends over a decade. Many of the current arguments for and against have been addressed previously. In August 2004, the earlier iteration of this blog, Safety At Work magazine, printed a special edition on “The Australian Industrial Manslaughter Debate”. Below is an edited version of my Editorial in that magazine. A longer article on the issues raised in that edition is available elsewhere in the SafetyAtWorkBlog.

Industrial Manslaughter laws? Let’s talk about safety

On October 29 2018, RMIT University and the Safety Institute of Australia conducted a forum on Industrial Manslaughter laws. The mix of presenters offered a respectful discussion on the issue but also illustrated where such proposed legal changes fit. The event was organised and hosted by Gloria Kyriacou-Morosinotto whose introduction listed the questions we should all be asking about the Industrial Manslaughter laws proposed for Victoria.

The systemic causes of poor mental health may get long-awaited attention

Australia’s national government has announced an inquiry into mental health to be conducted by the Productivity Commission. The Victorian Government has promised a Royal Commission into Mental Health as part of its election pledge. New South Wales has a five-year Mentally Healthy Workplaces Strategy. All of these initiatives are being applauded by the mental health advocates but two of them have yet to specify their terms of reference or their timelines for delivery, making it difficult to determine what role workplaces, workers and employers will have.

There is also a political risk that community expectations or the evidence base changes during the delivery period. Workplace mental health seems particularly susceptible to this risk at the moment.

The challenge of Crown vs Crown prosecutions

Recently the West Australian Department of Corrections was prosecuted over the work-related death of an inmate. It was fined $100,000 plus costs over the death of a remand prisoner crushed between a truck and a wall at Hakea Prison in 2015. The WorkSafe WA media release provides a level of detail rare in these sorts of incidents and it is recommended reading.

The incident and the prosecution raise enforcement issues that would be familiar to many occupational health and safety (OHS) regulators but also to businesses.

A narrow view on sex work safety

Dr Caroline Norma had an opinion piece published in The Age newspaper on October 24 2018 that fails to acknowledge the occupational health and safety (OHS) duties of Victorian businesses operating sexual services. SafetyAtWorkBlog has looked closely at OHS in this industry sector before and has previously communicated with Dr Norma on sex work safety. Dr Norma’s current article illustrates a common perspective on workplace safety and health issues where one set of legislation dominates the public policy conversation rather than the multidisciplinary approach.

It is necessary to clarify Dr Norma’s opening statement:

“The Victorian Labor Party will consider fully deregulating the state’s sex industry if re-elected to office in November.”

According to the 2018 Platform of the Victorian Australian Labor Party (ALP), in the context of Human Rights and Equal Opportunity, the ALP will:

“recommend that the Victorian Law Reform Commission consider decriminalisation of all sex work in Victoria as per other systems recognised internationally by human rights organisations.” (page 87)

Liability insurance products get some serious criticism

In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were “referred to the WHS Board” for further consideration (footnote page 3).

On 17 October 2018 the Senate Education and Employment Committee’s report into industrial deaths similarly recommended the Commonwealth, State and Territory governments:

“amend the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;” (Recommendation 21, page xi)

Given the

Families get a good deal from the Industrial Deaths inquiry

Will the recommendations of the Senate Committee’s inquiry into industrial deaths benefit relatives of deceased workers? Yes, mostly.

It seemed like relatives gained greater access to this Senate Committee than in other inquiries. Some public hearings were held with only relatives presenting. This is a major change. The transcripts of the 2012

Category: politics

Industrial Manslaughter is more than just a law, it is a cry for justice.

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Industrial Manslaughter laws? Let’s talk about safety

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The systemic causes of poor mental health may get long-awaited attention

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The challenge of Crown vs Crown prosecutions

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A narrow view on sex work safety

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Liability insurance products get some serious criticism

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Families get a good deal from the Industrial Deaths inquiry

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