union – Page 17 – SafetyAtWorkBlog

Industrial Manslaughter campaign messages need scrutiny

Recently the State Secretary of the CFMEU Construction & General WA, Mike Buchan, wrote in Construction Weekly about the need for Industrial Manslaughter laws in Western Australia. There are several points made that deserve some assessment and clarification.

He starts by stating that current occupational health and safety (OHS) laws are inadequate. This may be the case, but as Nicole Rosie from WorkSafe NZ has, supposedly, said “you can’t regulate your way to safety”. What may be inadequate is people’s compliance with OHS laws, and there may be many reasons for this non-compliance – ignorance, illiteracy, lack of enforcement by government, complexity of laws and guidance, and/or a total disregard. According to Buchan, and the wider trade union movement, Industrial Manslaughter (IM) laws are supposed to fix this inadequacy.

Buchan writes that

“The penalties that are handed down, even when a builder is found guilty of negligence, have been a disgrace in the face of the extraordinary loss of life and the suffering of families left behind.”

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Oral biffo over safety in Queensland Parliament

Before Christmas, the Victorian Government will be presenting a Bill for Industrial Manslaughter laws to the Parliament. The core elements of accountability and penalty are expected to be little different to the Bill that failed to pass Parliament earlier this Century by a bee’s whatsit. The debate is likely to be on the same benefits and costs, so one can reread Victoria’s Hansard from 2002 or look at the debate in Queensland Parliament last week where that Government’s “Safety Reset” has generated arguments about which party is more committed to occupational health and safety (OHS).

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Interesting but not representative

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.

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Industrial Manslaughter concerns of the Victorian government taskforce

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

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Bereaved families group demands changes

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”

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The Victorian Government remains secretive on Industrial Manslaughter laws

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]”.

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Grab the political OHS opportunity

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.”

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Category: union

Industrial Manslaughter campaign messages need scrutiny

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Oral biffo over safety in Queensland Parliament

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Interesting but not representative

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Industrial Manslaughter concerns of the Victorian government taskforce

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Bereaved families group demands changes

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The Victorian Government remains secretive on Industrial Manslaughter laws

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Grab the political OHS opportunity

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