Industrial Manslaughter presents an empty hook

New South Wales’ Opposition Minister for Industrial Relations, Adam Searle, spoke recently in support of the introduction of Industrial Manslaughter (IM) laws. In Parliament on May 5 2021, he said

“… legislation is required to enable the prosecution of industrial manslaughter and to fundamentally change the approach across industry in order to raise the standard and embed a culture of workplace safety of a much higher and more stringent nature. We need a culture that supports workplace safety in our State, not a culture, as I indicated before, that allows and encourages the cutting of corners and the fostering of unsafe workplaces…..

page 43, Hansard,

Legislation can achieve many things but not by itself, and that reality often makes such penalties like Industrial Manslaughter little more than symbolic.

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OHS needs to get a seat at the ESG table

There has always been an overlap between environmental safety and occupational health and safety (OHS). This has happened not because of any particular similarity between the two disciplines but rather because of company executives’ duties, responsibilities, and accountabilities.

A recent report produced through the Centre for Policy Development (CPD) says this about climate change responses:

“Care needs to be taken to ensure that climate-related targets and analysis are rigorous, underpinned by appropriate governance, strategy and action, reflected in financial statements as required.”

Replace “climate” with “OHS”, and the overlap is clear. This is particularly important at this time when Australia is preparing its next national OHS strategy.

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Seeking accountability in a pandemic

The Australian newspaper’s Robert Gottliebsen continues to bash the Victorian Premier and WorkSafe Victoria over the outbreak of COVID19 that originated from workers in the Hotel Quarantine Scheme. He insists that the government has occupational health and safety (OHS) responsibilities for the workers in the hotels, especially the security guards through which transmission to the community occurred. His arguments are logical, but what he is really searching for is accountability and, perhaps, in a global pandemic, there is none.

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Two steps forward, one backward

The latest media release from the Australian Institute of Health and Safety (AIHS) shows a remarkable maturity and a newfound ability to be inclusive and topical.

The AIHS, in conjunction with several other occupational health and safety (OHS) related organisations, developed and released an important guidance on respiratory protection masks for the work environment. Not only is this super topical but the effort has the support of the Australian Council of Trade Unions (ACTU), an organisation that, historically, has been reluctant to support OHS initiatives from outside trade union resources.

The primary purpose of the media release is to push the Federal Government for “the urgent establishment of a register for approved respirators (aka face masks)”, but this may be too simplistic and too narrow a focus especially when the issue of face masks is a critical part of the Governments’ plans to “reopen” the economy.

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New book on a neglected area of OHS research

Helen Lingard and Ron Wakefield have published one of the few books to look at how occupational health and safety (OHS) is structured and managed in government-funded infrastructure projects in Australia. Their new book, “Integrating Health and Safety into Construction Project Management” is the culmination of over a decade’s research into this area. The book is both a summary of that research and a launching pad for designing OHS into future infrastructure projects.

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Consumer Product Safety System review should be on the OHS radar

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.”

page 7

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.

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Is OHS a socialist plot?

As the dominance of neoliberalism weakens around the world, people are fearful of what comes next. In some sectors, that fear includes occupational health and safety (OHS). OHS is a business cost, in the same way as every other cost of running a business, but it is often seen as an interloper, a fun-sucker, a nuisance and/or an impediment to profitability. This misinterpretation needs to be contested.

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