transport – Page 14 – SafetyAtWorkBlog

Trade unions need to look for change beyond legislation

Danny Glover addressing the ACTU Congress on July 16 2018

The 2018 Congress of the Australian Council of Trade Unions (ACT) is happening in the middle of a campaign to “Change the Rules”. These “Rules” are largely concerning with industrial relations, of which Occupational Health and Safety (OHS) is a subset, or complementary, element. Legislation constantly needs challenging and review; much legislation, like Australian Standards, misses their expiry dates and persists too long, becoming increasingly seen as irrelevant.

OHS has the “luxury” of having been reviewed nationally within the last decade. For some Australian States this change was progressive but for most it was a catch up to contemporary standards and expectations. OHS laws have not progressed since and a lot of hope is placed on the current Independent Review of Work Health and Safety (WHS) laws to enliven the discussions, yet that report is not due until 2019.

Trade unions have a great deal of faith in legislation to achieve change.

Duty of Care to the safety and health of “others”.

The Public Interest Advocacy Centre (PIAC) has released a very good report about Australia’s immigration detention centres which includes a long discussion on duty of care to detainees under Common Law. The report, “In Poor Health: Health care in Australian immigration detention” does not include any discussion on the duty of care under work health and safety (WHS) legislation however it can be argued that the Australian Government, through its supply chain, chain of responsibility and contract management, also has a duty of care to detainees under health and safety laws.

Several recent legal actions and workplace safety guidance indicates that clarification about the duty of care on physical and psychological risks to “others” is overdue.

ACCC slaps down the FCAI on quad bike safety

On June 5 2018, Sharon O’Keeffe of the North Queensland Register newspaper aired the response of the Deputy Commissioner of the Australian Competition and Consumer Commission (ACCC) Mick Keogh to claims from the Federated Chamber of Automotive Industries (FCAI) on the safety of quad bikes and crush protection devices (CPDs). O’Keeffe says “the gloves are off”.

In March 2018, the ACCC announced its intention for a mandatory safety standard for quad bikes, or All Terrain Vehicles (ATV,) that included CPDs.

Why are we arguing about Industrial Manslaughter laws?

From left: Dave Brownlee, Janine Brownlee & Lana Cormie

On the issue of Industrial Manslaughter laws, Lana Cormie (pictured far right) said:

“Employers need to have motivation to do the right thing, ’cause clearly they don’t do it off their own back. So, if that means, if this’ll be the difference between them making OH&S a high priority and not, then it needs to be done. And I think all the other benefits for the men on the ground, and the women on the ground, will filter down from that. “

Her comments on International Workers Memorial Day emphasises that the introduction of these laws is not so much about new laws but the failure of the existing ones and of their application. Over time, the general commitment to implementing occupational health and safety (OHS) has declined in many workplaces or, at least, has not progressed in the way expected by the safety law makers of the 1970s and 1980s.

Government has relied on the increase of financial penalties as the major deterrent Continue reading “Why are we arguing about Industrial Manslaughter laws?”

The wisdom of a farming Near Miss

Australia’s occupational health and safety (OHS) agenda seems largely dictated by high risk industries like construction in some States and the mining sector in others. But agriculture is common to all Australia States and is consistently included in the official and unofficial workplace fatality data. New research has been released into serious farm injuries and which voices are the most effective in improving the situation.

The level of risk in Australian farms is illustrated well by

Mandatory quad bike safety changes

Product Safety has never been far from the quad bike safety debate in Australia.

It was Product Safety that removed the three-wheel ATV from sale in the 1970s and 80s and it seems Product Safety may achieve a safety resolution that occupational health and safety (OHS) consultation could not.

On March 22, 2018 the Australian Competition and Consumer Commission (ACCC) issued a media statement that says the ACCC, amongst other actions:

“…is proposing a mandatory safety standard that:….requires manufacturers to integrate an operator protection device, such as a crush protection device or roll over protection device in the design of new quad bikes…..”

Trade unions, jobs, safety and the future

The recently appointed Secretary of the Australian Council of Trade Unions (ACTU), Sally McManus, made a major speech at the National Press Club on 21 March 2018. It was forecast to lots of media outlets the morning prior to the speech with selected quotes from McManus, flagging how significant the trade union movements consider this speech.

She made her pitch by reiterating the Australian belief in fairness, the “fair go” and said this is based on two things – “having a job you can count on, and fair pay.” Having a “safe job” was sort-of mentioned in the speech but usually in political terms. It will be interesting how this speech fits with the anticipated speech for International Workers’ Memorial Day in just over a month’s time.

Six trade union achievements were mentioned but workplace health and safety was not

Category: transport

Trade unions need to look for change beyond legislation

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Duty of Care to the safety and health of “others”.

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ACCC slaps down the FCAI on quad bike safety

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Why are we arguing about Industrial Manslaughter laws?

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The wisdom of a farming Near Miss

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Mandatory quad bike safety changes

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