Australian Safety Magazine continues to improve

The member magazine of the Australian Institute of Health and Safety (AIHS), OHS Professional, continues to improve in the quality of its articles – less advertorial, more authoritative articles. The current edition, December 2020, includes two particularly good articles- one on the manufacturers’ withdrawal of quad bikes in protest and another on psychological health and safety at work. This article will discuss the quad bike article.

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Death, insurance and cultural change

Christopher Cassiniti’s story is tragic on many levels. 18 years old, first construction job, Mum is running the tuckshop onsite, dead in a scaffold collapse in April 2019 at Macquarie Park (a site I know very well, more below), an incident for which the construction company, Ganellen, has pleaded guilty and has been fined less that $1 million which some have reported will likely be paid by its insurance company. The immorality of the insurance pay-out has been spoken of in a media release (November 19 2020) from New South Wales’ Construction Forestry Mining and Energy Union.

CFMEU NSW Construction Secretary, Darren Greenfield, said

“The death of Christopher Cassaniti in April 2019 was one of the most egregious industrial incidents we have seen in recent years and it is outrageous to learn Safework will settle the matter with the builder Ganellen for what is effectively the cost of the company’s insurance excess…,”

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Behind the OHS words in Parliament

On December 11 2020, Senator Deborah O’Neill (ALP) (unsuccessfully) sponsored a motion that, amongst other things, called on the Government to act on the recommendations of the 2018 inquiry in to industrial deaths and the Boland Review, and to introduce Federal industrial manslaughter laws. That last request will probably never occur under a Conservative government, but does not need to for such laws to be introduced across Australia.

It is good that pressure on important occupational health and safety (OHS) matters is maintained, even if the motion was “negatived”. However, perhaps more interesting was a couple of statements that Senator O’Neill’s actions generated, one of which is deconstructed below.

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Alan Jones vs Dan Andrews

Not Alan Jones

The calls continue for the Victorian Premier, Dan Andrews, to be charged with Industrial Manslaughter over COVID19-related deaths that resulted from a poorly-managed hotel quarantine program. This time the topic was picked up be one of Australia’s conservative big guns, Alan Jones.

Jones hyperbolic rhetoric was on full display in his interview with Ken Phillips, who started the Andrews Industrial Manslaughter campaign.

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The quad bike safety puzzle

According to The Weekly Times ($), the Victorian Farmers Federation has changed its stance on the fitting of operator protective devices (OPDs) to quad bikes at point of sale. Instead they want farmers to fit their own OPDs. The reason given for this change is reported as being

“… due to concerns many quad bike brands would no longer be available if manufacturers were forced to fit them.”

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Federal leadership misses State action

Australia’s Industrial Relations Minister and Attorney-General, Christian Porter, has popped up on occupational health and safety (OHS) issues several times in the last few weeks. It is fair to say that each time he has not really shone, partly due to political ideology and partly due to constitutional structures. Some of these barriers, the Minister can address.

As mentioned recently, several food delivery drivers have died. Minister Porter was asked specifically about one of these deaths, that of Chow Khai Shien, in Parliament by the Australian Labor Party’s Josh Burns. Porter said that he had talked to representatives of the Transport Workers Union about this type of work, but:

“One of the things that we discussed in that meeting was the fact—that is acknowledged, I think, inside the union—that occupational health and safety for those drivers is, not just predominantly, but essentially, a state based responsibility.”

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Justice delayed is justice denied

The Ballarat Courier is reporting that the prosecution of Pipecon over the deaths of two workers from a trench collapse in March 2018 has been delayed again. It seems the reasons for the delay include renovation works on the courthouse and the workload of the Court. Judge Gerard Mulally‘s decision came the same week as a delegation of bereaved relatives attended Federal parliament in Canberra.

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