union – Page 13 – SafetyAtWorkBlog

Should a company that killed two workers receive a $2 million government contract?

In November last year, Pipecon was found guilty of breaching its occupational health and safety (OHS) duties concerning the deaths of two of the company’s workers in and from a trench collapse. An offence to which the company pleaded guilty. (Details of the incident and prosecution can be found HERE – search for Pipecon). The Ballarat Council has awarded the company a road construction project valued at over $2 million. Should the Council have done so? How does this decision affect the deterrence message that OHS prosecutions are supposed to generate? What does this say about the criteria used in procuring services?

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The man on the stair who isn’t really there

On August 26 2022, Australia’s Minister for Employment and Workplace Relations, Tony Burke, spoke at a union conference. This is not an unusual event for Ministers, but the timing of Burke’s address was less than a week before a major Jobs and Skills Summit – the hottest political event in town at the moment. The transcript of the speech provides clues and hints as to how occupational health and safety (OHS) may or may not be discussed.

There is an early indication that safe workplaces are important (heart skips a beat), but then it seems shunted to the side. Burke said:

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OHS is a journey but does it have to be so long?

Commitments to occupational health and safety (OHS) not only appear in Parliamentary debates on workplace safety. Last week, Labor Party politician Will Fowles reiterated the Victorian government’s OHS commitment in a speech about justice amendments and the police.

“This justice legislation amendment bill also establishes a legislative framework for the restorative engagement and redress scheme to support current and former Victoria Police [VicPol] employees who have experienced past workplace sex discrimination or sexual harassment.

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To achieve OHS progress, we need to understand Deterrence, and its failures

Deterrence has always been a major aim of enforcing occupational health and safety (OHS) laws and prosecuting wrongdoers. But the legal system and medical coverage have become so convoluted that the deterrent potential has declined.

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Victorian sexual harassment recommendations protect workers – sort of

In light of many workplace sexual harassment scandals in Australia, the Victorian Government established a task force to look at the issues and make recommendations. That task force has released its findings, the government has responded, and the media has focused on mainly one issue – non-disclosure agreements (NDAs) – missing out on other important information. And questions like, why did Victoria have the task force at all?

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Hope clearly did not work. What’s next?

In the Weekend Australian newspaper, workplace relations journalist Ewin Hannan reported on a presentation (paywalled) made by the Employment and Workplace Relations Minister Tony Burke to the Attorney-General’s Department staff. (Safe Work Australia, currently, exists in this department) From Hannan’s report, the focus seems to have been on industrial relations but it’s useful to consider Minister Burke’s words from an occupational health and safety (OHS) perspective given that it is highly likely that Safe Work Australia personnel were one of the “hundreds” attending or listening in. Burke said:

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Safety (funding) differently

When Tony Abbott was the (Liberal) Prime Minister, he reduced the commonwealth grants program substantially as part of his austerity and “debt” and deficit” strategies. This resulted in defunding many occupational health and safety (OHS) support and research units of trade unions, industry associations, etc. OHS has been poorly served ever since. The new (Labor) government has an opportunity to resurrect some of these OHS units by allocating some level of funding and, perhaps, expanding it beyond the traditional consultation triumvirate.

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