Still insufficient answers to the Delacombe trench deaths

Last week, the Victorian Coroner, Leveasque Peterson, released her findings into the deaths of Charlie Howkins and Jack Brownlee from a trench collapse on a residential construction site in Delacombe in March 2018. The employer, Pipecon, pleaded guilty to occupational health and safety (OHS) law breaches and was successfully prosecuted by WorkSafe Victoria. But the guilty plea meant there was only a cursory investigation of the OHS elements of the incident.

This month’s coronial findings have come without the opportunities offered by a formal inquest. So, where are the answers? What management decisions caused the trench to collapse and lead to the deaths of Jack and Charlie? The available answers seem insufficient. What lessons can be drawn from these legal processes to stop similar incidents occurring elsewhere?

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Authentic selves, culture and racism

Culture has perhaps become the dominant theme in modern occupational health and safety (OHS). Possibly more dominant than Leadership. Culture remains an amorphous concept that is an inclusive adjective but also unhelpful.

Several recent events started making connections in my OHS brain that I am still working through:

  • Online racist statements by two Australian nurses
  • A Harvard Business Review Special Issue called “The Secrets of Great Culture” and
  • An article by Professor Lena Wang and others on the separation of work and life.
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The economics of OHS and the need to think upstream

Michael Belzer and Michael Quinlan have outlined the economics of occupational health and safety (OHS) in the editorial of the latest edition of The Economic and Labour Relations Review. This contrasts with earlier research about the business case for OHS as it broadens the pool of influences more broadly. They write:

“The economic approaches to OHS in the papers in this issue identify externalities and suggest that incomplete market analysis has created an inappropriate permission to ignore uncompensated costs in labour, product, and service markets; these incomplete markets lead to greater social risk as well as inefficiency. More integrated understandings of OHS are challenging but research performed without them leads to narrow and partial understandings.” (page 483)

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Shortcomings of the legal perspective on work health and safety

The most common question occupational health and safety (OHS) consultants receive from clients is, “Do I comply with the law?” This request is telling because the client starts from a legal rather than a safety base. This is not surprising, as OHS commentary is dominated by lawyers whose focus is on minimizing their clients’ exposure to prosecution.

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Amazon’s OHS risks and practices revealed

The political upheavals in the United States and the changes to corporate ideologies are concerning, primarily because of the potential infection of other nations. Businesses are not as globally connected as much of the media coverage implies. Still, Australian businesses watch the actions of global companies, and Amazon has been prominent in workplace and occupational health and safety (OHS) practices.

Recently, the US Senate Labor Committee released a damning report into Amazon’s high workplace injury rates, which includes important information for similar industries in local jurisdictions.

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Work Health and Safety through a new perspective

2025 has started with a flurry of blog activity and more than a flurry of political change in the United States. It is easy to become distracted by those changes, but a refocus on local issues, new thoughts, perspectives, and new books may generate a balance of sanity. Here is a taste of one book that I have not had time to read entirely but that has potential.

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Is this another case of minimal deterrence?

In January 2025, Kilvington Grammar was fined over $100,000 for breaches of occupational health and safety (OHS) laws related to the death of one of its students, 16-year-old diabetic Lachlan Cook, who was on an overseas school trip. The best source of publicly available reports on this case appears to be the Australian Broadcasting Corporation. This article does not discuss the incident but focuses on the sentencing decisions and their relevance to OHS.

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