The Independent Review of Model WHS Laws being conducted by Marie Boland released a Public Consultation Summary on August 17 2018. Boland lists the concerns raised with her as including:
“the blurring of lines between WHS [work health and safety], public safety and public health”
“The length and complexity of the Regulations and Codes”
Years ago I was advised how to read a newspaper article – the first two paragraphs and the last. The exclusive front page article in The Australian ($ paywalled) on August 15 2018 about occupational health and safety (OHS) management at Sydney’s light rail construction project is a good example of what journalists choose to write and what they are obliged to write.
“A pedestrian had ribs broken, workers have been run over and fallen in holes, and there have been near-misses that could have caused deaths or serious injuries in hundreds of safety breaches on the Sydney CBD light rail project over the past 18 months.
The extraordinary catalogue is detailed in CBD and South East Light Rail Advisory Board minutes obtained by The Australian.”
and
Recently Australian media was entranced with an argument over gender politics between two Senators, David Leyonjhelm and Sarah Hanson-Young. One of the elements in the argument concerns sexual harassment in the workplace but is the Australian Parliament a workplace like any other Australian workplace? And does this really matter?
In the aftermath of the initial argument, Prime Minister Malcolm Turnbull said:
“David Leyonhjelm’s offensive remarks should have been withdrawn the moment they were uttered and he should have apologised. And it’s not too late for him to withdraw and apologise.
That type of language has no place in Parliament and it shouldn’t have a place in any workplace. We have to treat each other with respect, we must do that. Respect for women in particular is one of the highest priorities that we should be focused on. I just want to be very clear about this.
It is a, you know, we often talk about domestic violence and our concerns there and all the measures we’re taking to address it. I just want to say this, it’s a reminder to everybody that not all disrespecting women ends in violence against women, but that is where all violence against women begins. So you need to have respectful workplaces where we treat each other with respect. Where we disagree, we disagree in respectful language……” (emphasis added)
Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered. The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments. It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.
The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old
On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA). Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.
According to Boland’s presentation (not available online),
The Australian trade union movement is confident that Industrial Manslaughter laws will be introduced in each Australian State and Territory over the next few years. Recently the Australian Broadcasting Corporation’s Law Report program looked at these laws and their discussion in the current Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“.
Much of the radio program contains a general discussion about workplace fatalities with agreement that the long term trend in workplace fatalities is downwards. But no one seems to know the reason for this trend.
The 2018 Congress of the Australian Council of Trade Unions (ACT) is happening in the middle of a campaign to “Change the Rules”. These “Rules” are largely concerning with industrial relations, of which Occupational Health and Safety (OHS) is a subset, or complementary, element. Legislation constantly needs challenging and review; much legislation, like Australian Standards, misses their expiry dates and persists too long, becoming increasingly seen as irrelevant.
OHS has the “luxury” of having been reviewed nationally within the last decade. For some Australian States this change was progressive but for most it was a catch up to contemporary standards and expectations. OHS laws have not progressed since and a lot of hope is placed on the current Independent Review of Work Health and Safety (WHS) laws to enliven the discussions, yet that report is not due until 2019.
Trade unions have a great deal of faith in legislation to achieve change.