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Industrial manslaughter laws are (still) unlikely to save lives in the workplace

In June 2018, Rick Sarre, now the Dean of Law at the University of South Australia’s School of Law, wrote an article in The Conversation titled
“Why industrial manslaughter laws are unlikely to save lives in the workplace“. On the eve of the #safetyscape conference and an upcoming conference on enforcement in which presentations on Industrial Manslaughter laws will feature, SafetyAtWorkBlog asked the very busy Professor for an update on some of the themes and thoughts in his article. Below are his responses.

Audio & Video Update

A week out from Australia’s Federal Election and a major national workplace health and safety conference in Sydney, I produced a video update and a podcast about some recent SafetyAtWorkBlog articles, some new books and what’s coming up in this blog.

If you are able to attend the #safetyscape conference next week, chase me down for a selfie. upload it to Twitter or Instagram and receive a month’s free subscription to the SafetyAtWorkBlog.

Gig submissions play it safe on OHS

The Victorian Government’s inquiry into the on-demand, or gig, economy has released 100 of its public submissions. Occupational health and safety (OHS) is a second-order consideration in the structure and regulation of this evolving work sector in a similar way to how OHS was considered in the inquiries into Labour Hire, but it is still there and several of the Victorian inquiry submissions mention it. Sadly, not always in a helpful way.

More voices raised about quad bike safety

According the Weekly Times newspaper on May 8 2019 (paywalled), Mojo Motorcycles remains committed to the Australian quad bike market. Polaris acknowledges that

“…. ATVs will go the way of the dodo.”

The Farmsafe and National Farmers Federation (NFF) Workforce Committee, Charles Armstrong, has, in Farmonline National, described the threats by Honda and Yamaha as

“….. an astonishingly infantile reaction from otherwise respected multinational companies.”

Beware any politician talking about the coloured tapes of bureaucracy

Some of the Australian media on May 8 2019 began quoting the current Prime Minister, Scott Morrison, over his concerns about the “green tape” of environmental laws and something called “the expansion of union “red tape””. (Nine Australia’s papers, paywalled) Crikey’s Bernard Keane asks “Does Australia really have a ‘green tape’ crisis?” (paywalled) and proceeds to answer, No we don’t. But where there is Green Tape, the Red Tape of occupational health and safety (OHS) follows.

What Morrison means by “union red tape” is unclear. The newspapers included this quote from him:

Honda and Yamaha dig in over quad bike safety

“Just carrying on doing more reviews is not going to take us very far. We now have to make a start and that’s going to require legislation,”

These words were spoken by the head of the UK Competition and Markets Authority, Andrew Tyrie, but could easily have been a quote from the Australian Competition and Consumer Commission (ACCC) in relation to its recent review of the safety of quad bikes.

Improving the safety of quad bikes, or what used to be called All Terrain Vehicles (ATVs) until everyone accepted that they don’t travel safely over all terrains, has been a contentious issue in Australia for well over a decade. The issue appears in the media regularly after each death or near miss involving a quad bike rider.

Last week the issue appeared in the media for a different reason. Yamaha and Honda have both advised their dealers that if the ACCC safety recommendations and safety standard become law, they will

“….. be force[d] to cease selling utility ATVs in Australia” (Yamaha)
“… withdraw from the ATV market in Australia.” (Honda)

Doubts raised over the value of workplace wellness programs

In some Australian workplaces, wellness programs seem to be a dominant interpretation of occupational health and safety (OHS). This is being encouraged through the support of the OHS regulatory agencies. According to one expert, the benefits of workplace wellness programs remain under-researched and what research there is requires validation. Recently Zrui Song of Harvard Medical School said this to the ABC’s Norman Swan:

“There has been a couple of decades of evidence, largely observational in nature, studies that are from single institution or single workplace interventions focused on workplace wellness. And by and large this body of evidence has suggested that the return on investment for workplace wellness programs can be quite large. However, this body of evidence has been limited. They have been limited by the ability to show causal effects of workplace wellness programs…”

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Industrial manslaughter laws are (still) unlikely to save lives in the workplace

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Audio & Video Update

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Gig submissions play it safe on OHS

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More voices raised about quad bike safety

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Beware any politician talking about the coloured tapes of bureaucracy

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Honda and Yamaha dig in over quad bike safety

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Doubts raised over the value of workplace wellness programs

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