Deterrence Delayed, Lives at Risk—Will Victoria’s Leaders Respond?

The Victorian Government has yet to respond to a report on occupational health and safety (OHS) sentencing and penalties that it received over the Christmas period. The longer it takes to respond to the Sentencing Advisory Council recommendations, the more delayed the action required to improve the systems, which can deter employers from ignoring their OHS obligations and the longer unnecessary risks to work health and safety persist.

In 2018, before the introduction of Industrial Manslaughter laws, Dr Gerry Ayres of the CFMEU and I spoke about the importance of deterrence. In that interview, he pointed out that financial penalties fail as deterrents for several reasons:

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Is Defence Above Safety Scrutiny? Lambie Wants to Know

Senator Jacquie Lambie has been a staunch advocate for improving the occupational health and safety (OHS) of Australia’s defence force personnel. In 2022, she gave a confronting presentation to the Royal Commission into Defence and Veteran Suicide, and she continued her advocacy on day 1 of the 48th session of the Australian parliament by asking reasonable questions that could also be posed in non-military industries.

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Confronting Union Thuggery that Undermines Workplace Safety

Militant construction unions in Australia have damaged the relationship between the community and the trade union movement. Although the typical trade union member may be a nurse, a teacher, or a public servant, most would depict a member as a big, aggressive, rude, and domineering man. Australia’s trade union movement is trying to redress this perception, but it cannot progress until it eliminates the unsafe behaviour of the organisers of the Construction Forestry Mining and Energy Union (CFMEU). The Queensland government is set to give reform a red-hot go.

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Bananas, Bench Press, and Bull – A Health Program for the Already Healthy

Researcher William Fleming found that there is little evidence to support the claim that workplace wellness programs provide the health benefits typically promised. That research from a couple of years ago still resonates, but Fleming has continued to research corporate wellness programs and is broadening his discussion. The latest research paper, “Health lifestyles at work: availability, barriers and participation in workplace wellness”, is a deeper analysis of the social context of wellness programs and why employers use them.

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Retail Violence and OHS Blind Spots: Time to Rethink the Strategy

Occupational health and safety (OHS) is the central theme of this blog, but it is essential to remember that not all workplace health and safety actions are governed by a single set of laws or a single regulatory agency. Safety in the retail sector offers a good example.

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OHS deserves a seat at Australia’s childcare sex abuse reform table

The community in Melbourne, Australia, has been talking about little else but a sex abuse scandal in the childcare industry. (It makes a difference from talking about beef wellingtons.) The media and the government are announcing and investigating various regulatory and enforcement options to prevent a recurrence. This abuse is a grave concern and not one that was unexpected, as earlier inquiries had identified the risk. The prevention of sexual harm to children has an occupational health and safety (OHS) context that should not be ignored.

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Regulations: Addressing Market Failures and the Myth of Free Markets

Recently, Federation Press published a weighty tome written by Arie Freiberg called “Regulation in Australia. 2nd Edition“. For those of you who are legislative junkies and can quote sections of occupational health and safety (OHS) law, you will love this, as it examines the mechanics of regulation, not just those of Industrial Relations or OHS. And there is some powerful context to market failures that often lead to new regulations, a perspective shared with Naomi Oreskes and Erik M Conway in their 2024 book, “The Big Myth“.

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