Category: risk

Enforceable Undertaking related to workplace death

Several readers have raised their eyebrows over recent media reports in South Australia that say that SafeWorkSA is in the process of accepting an Enforceable Undertaking (EU) related to the death of 54-year-old Debra Summers, who was found dead in a freezer at the Echunga police training reserve on October 4, 2016. The use of EUs when a fatality is involved deserves discussion and resolution, especially when the workplace death involves a hazard that was so well-known.

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Another generation of safety thinking

Several years ago I attended an occupational health and safety (OHS) conference at which Cristian Sylvestre was speaking. He was in one of the secondary rooms, it was packed with conference delegates and he was talking about neuroscience and its potential to affect safety. In 2017 he self-published a book called “Third Generation Safety: The Missing Piece“.

OHS has a lot of people talking about new approaches to address the plateauing of safety performance. We are pushed to reassess how we got here and how we look at OHS – Safety II, psychology of risk and others, or we need to have OHS fit with the Fourth Industrial Revolution. Sylvestre advocates a third generation of safety. This is his take on the previous two generations and how we should progress in the future.

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New film provides an update on legal action over the 2014 Hazelwood mine fire

An independently-produced documentary, Our Power, about the Hazelwood mine fire had its Victorian premiere on March 2 2019. The Hazelwood coal mine fire was a major workplace disaster than generated substantial public health damage in the neighbour communities in the Latrobe Valley. An early record of the event and its impacts can be found in Tom Doig‘s book The Coal Face.

https://vimeo.com/228587208

The documentary provides unique vision of the fire and how it burned and polluted the neighbourhood for over a month in 2014. As time goes on, the fire is seen more as an environmental disaster as it is workplace incident and speakers in Our Power are certainly confident in linking the fire with the privatisation of State-owned assets and the social injustice that underpins neoliberalism.

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Making OHS an SEP (Someone Else’s Problem)

The death of Dillon Wu in 2018, is being investigated by WorkSafe Victoria and is still getting some media attention. The latest is an article in The Conversation by Associate Professor, Diana Kelly of the University of Wollongong called “Killed in the line of work duties: we need to fix dangerous loopholes in health and safety laws“.

This article focuses on the confusion over occupational health and safety (OHS) responsibility as Wu was a labour hire worker placed at Marshall Lethlean Industries by the Australian Industry Group. (AiGroup’s position on responsibility was given to SafetyAtWorkBlog in November 2018) It may seem that AiGroup has primary responsibility because it was Wu’s employer. But AiGroup told SafetyAtWorkBlog that

“All host employers sign agreements with AiGTS which specifically require the host employer to ensure apprentices are supervised and monitored during their engagement. “

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Minerals Council and Industrial Manslaughter laws

On 1 February 2019 the Minerals Council of Australia issued a media release about occupational health and safety (OHS) in the mining industry and, in particular, Industrial Manslaughter laws. SafetyAtWorkBlog approached the MCA’s CEO, Tania Constable, for clarification.

The release stated:

“The MCA cautions that the introduction of Victorian Government’s industrial manslaughter laws will give rise to unintended consequences which impair, rather than enhance, health and safety outcomes at Australian workplaces. These laws will not contribute to general or specific deterrence or improvements in health and safety outcomes. This must be the priority, not imposing oppressive and unnecessary criminal liability on selected individuals”

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Mining policy platform released

The Minerals Council of Australia has released its 2019 policy platform called “The Next Frontier: Australian Mining Policy Priorities”. The mainstream media will focus on taxation and jobs data given that Australia will face an election in the first half of 2019 but there is a specific chapter on occupational health and safety (OHS).

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OHS barriers and opportunities

One of the common questions I am asked, usually face-to-face rather than online curiously, is what changes I would suggest for improving occupational health and safety (OHS).  Following on from the broad perspective thesis by Dr Clare Tedestedt George, here are some of my thoughts.

Entrenched workplace cultures

Workplaces and industry sectors have established rigid norms, work practices, expectations, and a culture, that are no longer considered as safe and healthy as they were intended to be.  This has happened due to the economic demands of neoliberalism, the (fake) empowerment of the individual and after years of weakness and neglect by the OHS profession and regulators.

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