union – SafetyAtWorkBlog

Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available. They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.

A major purpose of any penalty is to deter harmful and damaging actions from being repeated. SAC reiterates that any sentence

deters the offender and others from committing similar offences;
punishes the offender in a just manner;
facilitates the rehabilitation of the offender;
denounces the behaviour that the offender engaged in, and
protects the community from the offender. (page 7)

The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:

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Keep away from Leadership and start to progress

Lately I have been thinking a lot about Leadership and how it dominates, and unchallenged, how occupational health and safety is managed in Australia. Of the three OHS/business books I bought this week, one included a page about Leadership and how we should move away from it.

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The Human Rights of workers strengthens

Work health and safety is a fundamental human right. Last year, I asked “so what?” Australia is strengthening the relevance of this international human right at the local level, but you wouldn’t notice unless you looked hard.

The federal government’s Joint Standing Committee on Treaties has been receiving public submissions on the ratification of ILO Conventions 191 and 187. It’s such a hot topic that it received only two submissions!!; neither opposed the ratification, but they provide some useful context to the aims of occupational health and safety (OHS) in Australia.

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The Occupational Moral Injury Scale

Many people are promoting various tools, usually apps, for identifying and managing psychosocial hazards at work. Some experts in the field of organisational psychology are cool on these tools, others are dismissive of poorly designed tools promoted by rent-seekers, others promote free tools, and some say that all the information required is already available if you ask for it and if the keepers of the data will share.

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A broad perspective on Work, OHS and Mental Health

A whole generation of workers has grown up believing that if they are having a hard time at work, if they are not coping with the workload or the sexual advances of their boss, or their difficult workplace, or the discrimination they feel about their gender or their sexuality, that it’s their fault, and it’s their problem, and therefore, it’s their role to solve and fix it. But there were generations before the current one, and I’m from one of those earlier generations. When I started work, there was good work and safe jobs, and there were social movements for women’s rights, and then gay rights and dignity at work, and respect at work. It was far from a paradise, but there was exciting progress and lively, challenging debates and social protests. A little of that passion has returned this decade, but more is needed.

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Is Victoria still committed to its psychosocial regulations?

Victoria’s Minister for WorkSafe, Danny Pearson, has emerged from the occupational health and safety (OHS) wilderness to restate his commitment to introducing legislative amendments on psychosocial hazards at work. He has been stalling on these for a very long time, but he has recently provided an update to Parliament.

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Is WorkSafe Victoria changing its focus?

Two years ago, I noted that WorkSafe Victoria did not mention employers in an awards night speech. Since then, it seems “employers” has been omitted regularly from various calls for changes in occupational health and safety (OHS); however, WorkSafe may have turned a corner last week.

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