Each Monday in January 2021, workers are returning to workplaces, worksites, and offices, often with regret that the Christmas/New Year break was not long enough. This year their return is complicated by concerns about COVID19.
The major talking point, at least in Australia, is “can an employer force a worker to be vaccinated as a condition of returning to work?” and the answer seems to be “Yes”.
The judgement against GN Residential Construction P/L, part of the Ganellen group, is now publicly available. GN/Ganellen pleaded guilty to work health and safety breaches that lead to the death of a young worker (Christopher Cassaniti) and serious injuries to another worker (Kahled Wehbe), and was fined $900k. The judgement provides much more detail than the media reports at the end of last year, with important information about scaffolding and also a requirement to establish a “Scaffolding Industry Safety Standard Working Group”. The curious part of this latter requirement is that New South Wales has had an industry standard for scaffolding since 2008.
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.
An opinion piece by Dr Elliot Fishman, of the Institute for Sensible Transport published in the HeraldSun newspaper on January 3, 2021 mentions Industrial Manslaughter in relation to food delivery drivers. (The article appears to be unavailable online) The link is tenuous and seems outside of Dr Fishman’s main area of expertise, but that seems to be the nature of Industrial Manslaughter penalties, they pop up in all sorts of discussions, many unrelated to the point being made.
The point Dr Fishman seems to be making is that the delivery of food on two-wheeled vehicles is dangerous, as shown by recent deaths of several riders in Victoria and New South Wales, and he poses several questions and suggestions to improve the situation:
It is not possible to write as many occupational health and safety (OHS) articles as I would like to, and my newspaper clippings files are bulging by the time I get some time to tidy up. The Australian Financial Review (AFR) is an expensive business newspaper that often touches on OHS matters even though OHS may not be the core of the story. Below is a short discussion of many of those clippings from 2020. Most of the AFR articles are paywalled but can often be tracked down through other measures.
Three years ago, WorkSafe Victoria indicated that it would consider prosecuting farmers for breaches of occupational health and safety (OHS) laws. That possibility seems to have disappeared based on the latest Minister for Workplace Safety’s appearance at the Public Accounts and Estimates Committee (PAEC).
Ingrid Stitt‘s appearance centred on questions related to the 2020-21 Budget Estimates and touched on Industrial Manslaughter, gig workers, mental health, and construction and farm safety.
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.
