Social Licence provides opportunities for OHS improvement

Trust is an essential element of effective business management, as relevant to consultation over occupational health and safety (OHS) matters as it between a business and its clients.  Increasingly there is discussion about a “social licence” or a “social licence to operate” in relation to OHS.  In many ways this is a response to the perceived heartlessness of neoliberal economics and social interactions, a response that the OHS profession needs to seriously examine.

In November 2017, New Zealand company

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Families of the Dead speak to government

Last time we looked at the Australian Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“, various submissions were considered.  The Inquiry is continuing to hold public hearings, the most recent of these provided an opportunity for relatives of deceased workers to present their arguments.  It is an enlightening insight into a pain that few of us will face but also into the struggles of many to effectively enforce workplace health and safety with, and without, Industrial Manslaughter laws.

The first couple at the 17 July 2018 hearing was Michael and Lee Garrels, the parents of 20-year-old 

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What Boland’s Independent Review has been hearing

On July 19 2018, Marie Boland, who is conducting an independent review into Australia’s work health and safety (WHS) laws, spoke at the Closing The Loop conference, hosted by the Self Insurers of South Australia (SISA).   Boland’s inquiry has been a little quiet as it undertakes its consultation and investigation but Boland provided some insight at the SISA conference.

According to Boland’s presentation (not available online),

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OHS outcomes of ACTU Congress 2018

Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018.  Some were expected but others will cause concern, primarily, for business owners.  Perhaps the major concern is that these commitments are to be rolled out nationally.

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Does using the Big Stick work?

Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making.  Imposing harsh consequences is hoped to change the behaviour of companies and individuals.  Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance.

The Australian Senate’s current inquiry

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Independent analysis of WorkSafe activities and strategies

Barry Naismith of OHSIntros has released his latest independent research report into the status of occupational health and safety (OHS) in Victoria. (Given the inquiry into SafeWorkSA currently occurring in South Australia, I wish that State had an equivalent researcher, for context.)  Naismith focusses on WorkSafe Victoria’s aim to address the issue of workplace wellness and asks how such an approach can be enforced?

It is a positive that an OHS regulator is looking at workplace wellness which encapsulates work-related psychological hazards. 

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Objections, support and deterrence

Several of the articles in the Safety At Work special edition on Industrial Manslaughter mentioned in a previous post were from a July 2004 Building Trades Unions Conference at which Reverend Fred Nile, Katy Gallagher and John Della Bosca spoke.  Below are some of the interesting quotes raised but before we reach them, in August 2004, the Federal Government, through its then Minister for Employment and Workplace Relations, Kevin Andrews, issued a media release saying:

“This is in stark contrast to the ACT’s punitive industrial manslaughter law which simply places employers and employees in an adversarial workplace setting. Industrial manslaughter laws are unnecessary and can only create uncertainty for employers and employees.”

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