The Australian Council of Trade Unions (ACTU) released the results of its latest occupational health and safety (OHS) survey. In past surveys respondents have been trade union members. This survey was opened to non-union members, but to what extent is unclear but this has not stopped the ACTU speaking of the respondents as workers rather than workers who are all union members.
This differentiation is important. In the 1990s when union membership was much larger, the argument that the survey results were representative of Australia’s workforce was stronger although still debatable. Representation is harder to claim now with union membership being well below 20% overall and below 10% in the private sector.
In April this year the Victorian Government’s Workplace Manslaughter Implementation Taskforce raised the following issues in its Criminal Law Reform Consultation Paper, seen by the SafetyAtWorkBlog:
- the definition of “person” in the OHS and proposed Industrial Manslaughter laws
- the establishment of negligence and the standard of care expected by the reasonable person
- the extension of Industrial Manslaughter offence to the deaths of members of the public
- whether a decision or act causes the death or only contributes to it
- exceptions to the laws beyond just volunteers
- inter-agency cooperation and coordination for effective prosecutions.
If you have any information about safety-related issues or incidents, remember that SafetyAtWorkBlog operates a confidential and anonymous information line at https://safetyatworkblog.whispli.com
Documents related to the development and implementation of Industrial Manslaughter laws in Victoria and seen by SafetyAtWorkBlog say that the Department of Justice and Community Services will draft a policy paper on the laws prior to the proposed Industrial Manslaughter Bill being presented to Parliament in October or November. October’s Work Health and Safety Month promises to be lively this year.
Participants in the Workplace Fatalities and Serious Incidents Reference Group had expressed concerns about the phoenixing of companies after a workplace fatality and that workplaces where deaths have occurred should be treated as a crime scene that:
“…should not be operational until a full investigation is complete”
Victoria’s Department of Justice and Community Safety’s Freedom of Information correspondence is headed:
“Information Integrity & Access”.
For the last few months SafetyAtWorkBlog has been chasing the Workplace Manslaughter Consultation Paper through official channels and been granted “two pages in full”, “four pages in part” and been refused access in full to most of the Consultation Report. This decision (available here) is because
“These documents include information concerning opinion, advice or recommendation of an officer and the personal affairs of third parties, which cannot be disclosed [for reasons given in the letter]”.
Yesterday, Australia’s Parliament opened for its Winter session. As per protocol, the Governor-General officially opened the process with a speech (page 13) about his government’s agenda. It is no surprise that it is heavy on economic reform but there was a few lines about lawlessness that are of interest.
The Governor-General’s words are aimed at the lawlessness of certain trade unions but we could impose occupational health and safety (OHS) on the statements as well. On the issue of Regulatory Reform and Industrial Relations, the Governor-General said the government:
“… will partner with businesses in identifying the barriers, blockages and bottlenecks to investment. Confidence to invest relies on productive and harmonious workplaces. This means tackling lawlessness in workplaces whenever and wherever it may occur…….
This work will be evidence based. It will protect the rights and entitlements of workers and identify a way forward that will benefit our economy and, most importantly, the workers who rely on it.”