SafeWork – Page 21 – SafetyAtWorkBlog

Government Department gets an enforceable undertaking following a workplace death

Yesterday (April 4, 2019) SafeWorkSA dropped charges against the Department of Planning, Transport and Infrastructure (DPTI) over breaches of the workplace health and safety legislations that contributed to the death of 54-year-old Debra Summers, in exchange for an Enforceable Undertaking (EU). This move had been flagged earlier noting that it was unusual to accept an EU when a workplace fatality had occurred.

SafeWorkSA’s Executive Director, Martyn Campbell, spoke exclusively with SafetyAtWorkBlog earlier this week to provide more context to the acceptance of the EU. He has spoken to the Summers family in the preparation of the EU and said that some of the request of the family have been incorporated. He also outlined the circumstances of Debra Summers’ death:

Young worker’s death increases OHS pressure on State and Federal governments

This week an 18-year-old construction worker died in a scaffold collapse on a New South Wales construction site. The occupational health and safety (OHS) regulator has instigated an investigation into Christopher Cassaniti’s death and the serious injury of a work colleague in the same incident, as well as an inspection of scaffolding throughout the State.

An excellent podcast on the incident and the OHS context is available at Triple J’s Hack podcast.

In May 2019 Australia has a general election and, following yesterday’s Budget announcement, Australian politicians are in campaign mode. That might seem irrelevant to the workplace death of a young man but the Shadow Minister for Employment and Workplace Relations, Brendan O’Connor, was interviewed the day after Cassaniti’s death by Triple J’s Hack program. The discussion eventually reached Industrial Manslaughter laws.

Good, but very limited, advice on workplace mental health

Member magazines, those magazines included in a professional’s membership, are an important source of information. Members of the Royal Automobile Club of Victoria, for instance, receive the RoyalAuto magazine which is really the primary source of information on changes to road rules. Most occupational health and safety (OHS) associations have internal magazines for a similarly targeted audience. Australian accountants have the In The Black magazine.

Recently In The Black published an article about mental health at work titled “Get smart with mental health”. No background to the author, Helen Hawkes, was provided and no references were included for the data used to support statements about the importance of the mental health. Context and sources are important to all articles but arguably moreso for member magazines and, especially, for professionals like accountants who can have a major impact on how OHS is managed.

Much of the information in the article would be familiar to OHS professionals – Return on Investment, the cost of Presenteeism as a percentage of payroll…. What is almost entirely missing is advice on how to prevent mental ill-health from occurring in the first place, and there is no mention of any of the OHS guidance in this area published by Safe Work Australia.

Exclusive interview with independent WHS reviewer, Marie Boland

SafetyAtWorkBlog had the opportunity to interview Marie Boland earlier this week after the release of her review into Australia’s Work Health and Safety (WHS) laws. Below is an edited version of that interview.

Marie, thanks for talking to me, it’s a terrific report you’ve produced. What was it like to undertake a national investigation of this type, given that it was pretty much you and just a couple of others?

…It was quite daunting at the beginning, but as I said in the introduction and nothing kind of clichéd about it, it was very much a privilege to be able to do it. And the privilege was enhanced by having the opportunity to go travel all around Australia, and some places I’ve never been before like Tamworth and what it really brought home to me was the diversity of people, workplaces, geography and that these laws are covering and the diversity of people who are dealing with the laws on a daily basis. So, it was certainly a once in a lifetime experience for me I suppose, and maybe a point in history for the laws as well.
I was very much aware throughout the process of my privilege and being able to do it and also the waves of expectation I suppose and this being the first review of the national laws and also very much aware of all the work that went into creating the laws in the first place. And certainly, a lot of the people who put so much effort into that work were still obviously very keen on how they were being applied and as I said I was very conscious of respecting all of that as I went around the country.

Responses to the Boland Report into Australia’s Work Health and Safety Laws

The mainstream Australian media has almost entirely ignored the release of Marie Boland’s Final Report of the independent Review of Australia’s Work Health and Safety laws. but some of the usual players in the workplace relations sector have responded. Below is a longer responsive from the Australian Chamber of Commerce and Industry (ACCI) but first some simpler responses.

The trade union movement has almost entirely focused on the Industrial Manslaughter recommendations in the Boland Report. As well as a couple of media statements, the Australian Council of Trade Unions released a video on February 25 2019 with Assistant Secretary Liam O’Brien accompanied by the parents of two deceased workers. The first to speak were Tony and Robyn Hampton whose son, Jarrod, died while working for Paspaley Pearls. The second couple were Janice and Mark Murray whose son, Luke, died when parts of a crane that was being unpacked fell on him.

Boland’s WHS Report recommends a practical update of laws and practices

The Australian Government has released the final report of the Independent Review of its Work Health and Safety (WHS) laws, conducted by Marie Boland. Importantly, the Government has not issued its response yet and, given that there is a Federal Election in a couple of months’ time, is unlikely to. Why have another issue complicate the campaign particularly when that response may have to address Industrial Manslaughter laws which would focus on the accountability of business leaders? This Government has already been bruised on a similar issue through a Banking and Finance Royal Commission.

Regardless of this Government’s future treatment of the Boland Report, the report does progress occupational health and safety (OHS) and the operation of the WHS laws, reinforcing some aspects and challenging other. It is obligatory reading for those interested in OHS in Australia.

(SafetyAtWorkBlog is preparing an exclusive interview with Marie Boland for next week)

Exclusive interview with SafeWork SA’s Martyn Campbell

Last year SafeWork South Australia was evaluated by that State’s Independent Commission against Corruption. A couple of years ago Martyn Campbell (pictured right) took on the role as the Executive Director. SafeWork SA had obvious challenges and Campbell has needed to recalibrate the organisation to meet contemporary standards and expectations.

SafetyAtWorkBlog had the chance to put some questions to Martyn Campbell recently. Below are his responses.

Category: SafeWork

Government Department gets an enforceable undertaking following a workplace death

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Young worker’s death increases OHS pressure on State and Federal governments

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Good, but very limited, advice on workplace mental health

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Exclusive interview with independent WHS reviewer, Marie Boland

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Responses to the Boland Report into Australia’s Work Health and Safety Laws

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Boland’s WHS Report recommends a practical update of laws and practices

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Exclusive interview with SafeWork SA’s Martyn Campbell

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