Occupational health and safety (OHS) popped up in the Australian Parliament this week in odd, oblique ways. OHS was tied to
Question and Answers
On September 19 2019 several questions were put about the importation of asbestos containing products. The Government through the Home Affairs Minister, Peter Dutton, advised that:
In August 2017, the ABC Four Corners program reported on the dysfunctional glass recycling industry. Following this various media looked at the issue and in September of that year, one recycler, Polytrade, allowed some media into their worksite. The focus was on the “recycling crisis” and occupational health and safety (OHS) did not get a look in but two years on and OHS is now mentioned, but perhaps not as prominently as it could be.
On October 5 2019, The Age newspaper reported on accusations by the Australian Workers Union that workers at Polytrade were underpaid around $40,000 each year. There are many elements to this story such as migrant workers, “wage theft”, which have tapped into topical issues of several years, but the health and safety of the workers has received much less attention.
October each year contains several occupational health and safety (OHS) award ceremonies. Those operated by State OHS regulators used to feed into a national awards night in April hosted by Safe Work Australia, but that fell over. The rejuvenated Safety Institute of Australia, now renamed the Australian Institute of Health and Safety (AIHS) has taken the plunge setting up a new national award process in competition to that operated for many years by the NSCA Foundation and, to a lesser extent, the awards by the various State-based OHS regulators..
According to a media release from the AIHS:
“The Australian Institute of Health & Safety (AIHS) is proud to announce the creation of the Australian Workplace Health & Safety Awards (AWHSA), to be held 27 May 2020 at the Melbourne Convention Centre, and annually thereafter”
On October 21 2019, Victorian Premier Daniel Andrews posted on Facebook in support of his government’s move to introduce Industrial Manslaughter (IM) laws. He chose the death of Jacob Kermeen and its effect on the family in support of the need for these laws.
It is surely a coincidence that a fatality from a trench collapse was chosen for this exercise. Some of the leading advocates for IM laws are the relatives of two workers who died from a trench collapse in Ballarat in March 2018, a case being prosecuted by WorkSafe Victoria.
There are strong parallels between the National Inquiry into Sexual Harassment in Australian Workplaces and others addressing workplace issues, such as the Victorian Royal Commission into Mental and the Productivity Commission’s mental health inquiry, but there is also a connection to the Royal Commission into Banking and Financial Services which has focused the minds of some of Australia’s corporation s and leaders into examining their own workplace cultures and, for some, to reassess the role and application of capitalism.
This is going to become even more of a critical activity as the National Sexual Harassment Inquiry completes its report prior to its release in the first month or two of 2020.
Cultural analysis, and change, is often best undertaken first in a microcosm or specific social context. The experiences of sexual harassment of rural women in Australia is one such context, a context examined in detail by Dr Skye Saunders in her book “Whispers from the Bush“.
In Victoria there is much anticipation about the introduction of Industrial Manslaughter (IM) laws to the Parliament. Yesterday Minister for Workplace Safety Jill Hennessy and others hosted a meeting for some prominent IM advocates and trade unionists. Part of the reason for the meeting was that this week was the tentative date for the introduction of the IM laws to Parliament. The latest strong rumour is the Victorian Government has privately conceded that the Bill will not pass this year as expected and the Premier is moving to Plan B.
Following on from the product safety theme in yesterday’s article, it is noted that the Australian Treasury has opened a consultation phase on improving the effectiveness of the Consumer Product Safety System. The report makes specific reference to workplace health and safety laws.
This consultation is a direct result of the recent review of Australian Consumer Law:
“The Australian Consumer Law Review final report recommended the introduction of a General Safety Provision (GSP) into the Australian Consumer Law (ACL) requiring traders to take reasonable steps to ensure the safety of a product before selling it onto the market.”
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The GSP has similarities to the duties of the PCBU (person conducting a business or undertaking) under the model Work Health and Safety (WHS) laws.
