Category: Uncategorized

Industrial Manslaughter laws remain muddled

The Australian trade union movement is confident that Industrial Manslaughter laws will be introduced in each Australian State and Territory over the next few years.  Recently the Australian Broadcasting Corporation’s Law Report program looked at these laws and their discussion in the current Senate Inquiry into “The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia“.

Much of the radio program contains a general discussion about workplace fatalities with agreement that the long term trend in workplace fatalities is downwards.  But no one seems to know the reason for this trend.

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OHS outcomes of ACTU Congress 2018

Below is the list of occupational health and safety (OHS) issues for the next three years, put to the Australian Council of Trade Unions and passed, at its Congress on 18 July 2018.  Some were expected but others will cause concern, primarily, for business owners.  Perhaps the major concern is that these commitments are to be rolled out nationally.

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New President and new approaches to unionism

ACTU Executive with Michele O’Neil second from left

Day One of the Australian Council of Trade Unions’ Congress was memorable for a couple of reasons.  The appointment of Michele O’Neil, pictured right, as the President was a notable achievement, one made more memorable as she denied any desire to move onto a political appointment. The other memorable event was a string of shopfloor representatives outlining their innovative approaches to the recruitment of members and the creation of (sub)unions for hospitality workers, hairdressers and indigenous workers in the Northern Territory.

Workplace safety was mentioned a couple of times in passing but occupational health and safety (OHS) seems to becoming more a thing that is, rather than a thing that is named.  If we look for it, we find it.

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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.  

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Does using the Big Stick work?

Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making.  Imposing harsh consequences is hoped to change the behaviour of companies and individuals.  Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance.

The Australian Senate’s current inquiry

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There but for the Grace of God ….. the “evaluation” of SafeWorkSA

South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA, is being investigated by that State’s Independent Commissioner Against Corruption (ICAC).  SafeWorkSA has been subjected to several inquiries over recent years but the current ICAC one is perhaps the most significant, and one that is generating a lot of local discussion, and that should be watched by all OHS professionals, Regulators around Australia.

It is important to note the specifics of the Inquiry or “Evaluation”. 

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It’s what we do, not what we’re called

The Safety Institute of Australia Limited is consulting with its members about a name change.  This was flagged at the SIA’s recent conference and coincidentally follows the renaming of the American Society of Safety Engineers (ASSE) to the American Society of Safety Professionals (ASSP).  According to a recent statement from CEO, David Clarke, the SIA seems keen to include “Health” in its new title but this was not an option the ASSP took up.

The SIA has chosen

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