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Cry of frustration in Industrial Manslaughter Bill

Over the last few months some in Australia’s trade union movement have renewed calls for the introduction of industrial manslaughter laws in various jurisdictions. The issue has appeared both on television and online.

Curiously the Australian Council of Trade Unions (ACTU) seems to have dropped the “industrial manslaughter” terminology it has used in the past. In a 28 April 2015 media release, the ACTU stated:

““Strengthening OHS laws to make negligent companies and individual directors liable sends a clear message to employers that they must ensure people are safe at work.”

and

“Current laws need to be strengthened so that companies and company directors are liable for our safety at work.”

It seems that the charge has been left to the South Australian Greens Parliamentarian,

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Standing desks distract from systemic analysis

The media’s focus on standing desks continues in Australia with the PM radio program on 7 May 15 stating:

“If you thought those standing desks, and even the newer treadmill desks, were a fad, think again.”

This compounds the continuing distraction from organisational causes to individual adaptability and encourages short-term thinking on occupational health and safety (OHS) issues.

The radio program built a report around some very useful research data released by the Heart Foundation which, amongst other findings, stated:

“More than one in two Australian workers reported that they do not do enough physical activity to be healthy. In fact, one in four Australian workers does very little or no physical activity at all. The most common reasons Australian workers are not physical active is due to lack of time, a lack of enjoyment when doing physical activity or simply would prefer to do other things than undertaking physical activity.”

Sedentary behaviour is an acknowledged risk factor in various chronic diseases and the Heart Foundation should be commended for providing further evidence. But there is no mention of standing desks in the Foundation’s media release or

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Uninspiring discussion on OHS in Tasmania’s Parliament

On 28 April 2015, the World Day for Safety and Health at Work, the Legislative Assembly of the Tasmanian Parliament discussed the significance of that day as a Matter of Public Importance. The discussion cannot be described as a debate but it does provide some insight to the ideologies of the political parties in that Parliament, which is almost a microcosm of Australian politics, and the general quality of understanding of occupational health and safety (OHS) management.

One of the fundamental pieces of information for such a day would be an accurate number of workplace fatalities. The Leader of the Opposition, Bryan Green (Australian Labor Party), made a basic faux pas by stating that the total number of workplace fatalities for 2014 was 44 when the figure was for deaths occurring in 2015 (the official figure for 2015 is now 51). Later that evening, he corrected himself saying that this did not change his argument about the importance of inspectors but it does, and it was embarrassing.

Green listed the number of inspectors lost from Workplace Standards (

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Business report is contradictory on OHS

The Victorian Employers’ Chamber of Commerce and Industry (VECCI) has released its small business blueprint. The document continues the misunderstanding of industry and business groups in respect to occupational health and safety (OHS) and red tape.

The “Small business. Big opportunities” document continues to show OHS as a burden rather than an opportunity. The chapter that discusses “high level of
labour market adaptability and flexibility” includes this recommendation:

“Simplify existing workplace relations legislation applying to small business, without removing the intent of regulations to provide safe, fair, productive and successful workplaces.

Small business currently needs to comply with numerous
substantial pieces of legislation (for example, taxation,
superannuation, OHS, equal opportunity and corporations law) that can act as a major disincentive to growth, employment and investment.” (page 10)

Previous SafetyAtWorkBlog articles have highlighted how inaccurate and unfair it is to include OHS obligations with other laws, such as taxation, as they have fundamentally different origins. OHS laws are not a “major disincentive to growth, employment and investment”.

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Standing workstations – useful, fad or salesmanship?

Over the last week Australian media has been reporting on office workers using standing workstations. Given sedentary working has been shown to have negative health effects, standing seems sensible as it increases mobility but is it enough to stand? Or is this recent media attention just another example of shallow writing on occupational health and safety matters, or even media manipulation?

An article in the Canberra Times (which appeared in other Fairfax publications around 17 April 2015) states that:

“…health and ergonomics experts say the benefits to overall health for standing-up workers is irrefutable..”

and

“Some also believe it makes workers more productive…”

The article then quotes the head of office supplies and furniture from an office furniture retailer, Jim Berndells of Officeworks. Its next expert is another retailer of furniture, Office Workstations and its managing director Jovan Vucetic. The attention granted to these retailers along with a mention of the price of a standing workstation and the companies that Vucetic has supplied, seems to imply that the article is less about OHS than about product information.

(It may be relevant that

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“The regulator should be respected, but not feared”

How different can occupational health and safety (OHS) regulators be? A review into WorkSafe Victoria was announced in February 2015 but the review into its equivalent in South Australia, SafeWorkSA, is more progressed and has released a public discussion paper entitled “Transforming Work Health and Safety Performance“. Its suggestions should be noted by James Mackenzie the reviewer of WorkSafe Victoria.

Maybe not surprising to many, the future is a reworking of the past.

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What can we learn from a failure in leadership?

Many OHS professionals state that leadership is a crucial element to establishing a safety culture and then support this with examples of positive leadership. But some people fail at leadership and failure is often more instructional than success. Recently the CEO of Orica, Ian Smith, had to resign after his abusive manner resulted in the resignations of two employees. This is bad enough but when the Board hired Smith around three years earlier, the Board saw his manner as attractive. If leadership is crucial to a safety culture, what does this say about Orica’s decisions?

The Chanticleer column of the Australian Financial Review (AFR) wrote on March 24 2015 (paywalled):

“The board’s determination to have Smith shake Orica to its foundations was so great it allowed him to destroy staff engagement and walk all over the company’s culture of mutual respect. What is so bewildering about this deliberately aggressive and occasionally bullying change management strategy is that it was endorsed by a range of respected non-executive directors…..”

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Category: Premium

Cry of frustration in Industrial Manslaughter Bill

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Standing desks distract from systemic analysis

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Uninspiring discussion on OHS in Tasmania’s Parliament

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Business report is contradictory on OHS

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“The regulator should be respected, but not feared”

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What can we learn from a failure in leadership?

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