“Put them in jail!” – Industrial Manslaughter laws are not that simple

Christy Cain at ALP National Conference

Several people were surprised when Industrial Manslaughter laws popped up on the agenda on Day 3 of the National Conference of the Australian Labor Party (ALP) this week.  To ALP members from Western Australia and the Construction Forestry Mining Maritime and Energy Union, Christy Cain and Thomas French put a resolution on the issue to the Conference, which the delegates endorsed.

Most of the media who mentioned this resolution, and it was not many, focused on Cain’s urging of the delegates to

“Kill a worker, go to jail”.

Even though getting the audience to chant was colourful,  and the minute’s silence important, the discussion around Industrial Manslaughter laws was more nuanced.

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Nothing to see here, yet

Workplace health and safety was given only a passing mention in the speech provided by Bill Shorten at the 2018 ALP National Conference on December 16, 2018.

In the context of workplace economics and industrial relations, some speakers mention “social investment” or “social progress” and occupational health and safety (OHS) exists in these issues

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ALP’s National Platform and workplace safety

This Sunday SafetyAtWorkBlog will be reporting from the 2018 National Conference of the Australian Labor Party (ALP).  It promises to be extra lively as the country is only a few months away from a General Election and the ALP is tipped by most to win, or rather, the Liberal/National Coalition to lose.  The intention is to watch for discussion of issues that relate to, or affect, the management of worker health and safety.  There will be some, if one accepts that the most effective and sustainable occupational health and safety (OHS) solutions come from both a introduce multidisciplinary approach and that one that looks “at the source” of hazards.

The current draft National platform has a specific chapter on Safety At Work but the document is riddled with safety commitments.  Curiously there is no specific mention of Industrial Manslaughter, although the ALP will

“ensure there are strong deterrents for employers who are responsible for workplace deaths”.

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If all you have is a hammer, everything looks like a nail

The trade union movement has often been instrumental in affecting and sometimes creating government policy on occupational health and safety (OHS).  The latest generation of hazards – psychosocial – can be traced back to a survey late last century of workplace stress conducted by the Australian Council of Trade Unions (ACTU).  This week the ACTU released its survey into sexual harassment at work.

The current survey should not be seen as representative of any social group other than trade union members even though the survey was completed by 10,000 of them.  Also, this survey is far less likely to be as newsworthy as last century’s surveys as the agenda on workplace sexual harassment has already been established by reports from groups like Universities Australia and, especially, the current work by the Sexual Discrimination Commissioner and the Australian Human Rights Commission.  It is also likely to be covered, probably as a secondary issue, in the various mental health inquiries scheduled for 2019.

The ACTU survey provides additional information to our understanding of sexual harassment at work but certainly not the whole picture.

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OHS is often about broken promises

Occupational health and safety (OHS) is often about promises.  Employees trust their bosses to provide them with a job and the employer promises to provide a workplace that is as safe as possible.  There are also contractual policies which formalise OHS relationships between client and contractor.  But OHS is more often about those more personal promises and expectations between the boss and the worker.

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