Industrial Manslaughter – politics, suicide and misrepresentation

The 2020 business year has started with a bunch of occupational health and safety (OHS) seminars. Given last year’s moves towards Industrial Manslaughter laws in several Australian States, a discussion of these laws is inevitable and there are some voices calling out the politics of the issue. Herbert Smith Freehills’ Steve Bell is one of them.

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HR needs to broaden its pool of risks

Human Resources (HR) professionals often have an enviable degree of influence over the decision making of company executives. In modern parlance, they are “influencers”; as such it is useful to keep an eye on the advice offered by the association that represents HR professionals, the Australian Human Resources Institute (AHRI).

Recently, freelance journalist, David Barbeler wrote “A comprehensive look at what lies ahead for workplaces in 2020” in AHRI’s HR Magazine. Given that the article is headlined as comprehensive, there are several peculiar occupational health and safety (OHS)-related omissions, especially workplace sexual harassment, Industrial Manslaughter, suicide and mental health.

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Industrial Manslaughter exemption for mining looks over

Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.

Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.

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Australia flags more inclusive strategies for suicide prevention

In late January 2020, the Australian Health Minister, Greg Hunt, announced new funding for suicide prevention programs. As the announcement occurred during the increasing concerns over the coronavirus, media attention to the funding announcement was minimal and this overlooked an important shift in suicide prevention strategies.

Six months ago the Prime Minister appointed Christine Morgan as his Suicide Prevention Adviser. As part of the funding announcement, Morgan spoke about a major change to suicide prevention strategies that acknowledges that not all suicides result from mental illness – a reality that has been emphasised by some Australian researchers for over several years. Significantly Christine Morgan is reported in Newscorp media as saying:

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New air quality standards for outdoor work

On January 30 2020, the Victorian Trades Hall released a new “approved safety standard” on air quality risks for outdoor workers. It is the latest of a series of alerts and guidelines generated by the persistence of bushfire smoke in urban areas of, especially, New South Wales and Victoria. Bushfire smoke is only going to become more frequent in Australia, and its persistence over weeks, requires a coordinated discussion on how Australian workplaces and practices need to change to adapt to the new climate.

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Worker exploitation may be cultural but is still harmful

The Australian Medical Association (AMA) has released a media statement based on new research into mental illness and suicidal ideation of junior doctors. Given that the relationship between excessive working hours and mental health is increasingly becoming an occupational health and safety (OHS) issue, SafetyAtWorkBlog sought some clarification to some of the quotes in the statement attributed to AMA President, Dr Tony Bartone.

The January 23 2020 media release quoted Bartone saying:

“A healthy medical profession is vital to patient safety and quality of care, and the sustainability of the medical workforce,… Significant evidence already exists to show that doctors are at greater risk of psychological distress and stress-related problems. This new research provides clear additional insight into how the workplace can affect the health and wellbeing of the medical profession. Long working hours, unpredictable rosters, overtime, being on-call, and night shifts are significant systemic barriers to the maintenance of physical and mental health and wellbeing. There is an established link between working more hours and having higher rates of anxiety, depression, and psychological distress.”

These are the questions put to the AMA:

  • The media release lists several “systemic barriers” that are generating poor psychological health. It seems that most of these barriers would be removed or weakened if hospitals had more staff. Is the psychological harm a result of insufficient staffing levels? And is this a result of underinvestment in hospitals?
  • Is the fatigue, psychological harm, etc. a result of trying to make do with the available resources? If so, what new income or labour sources are being sought?
  • Why do you think the trend towards safe working hours stalled?
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