Cry of frustration in Industrial Manslaughter Bill

Over the last few months some in Australia’s trade union movement have renewed calls for the introduction of industrial manslaughter laws in various jurisdictions. The issue has appeared both on television and online.

Curiously the Australian Council of Trade Unions (ACTU) seems to have dropped the “industrial manslaughter” terminology it has used in the past. In a 28 April 2015 media release, the ACTU stated:

““Strengthening OHS laws to make negligent companies and individual directors liable sends a clear message to employers that they must ensure people are safe at work.”

and

“Current laws need to be strengthened so that companies and company directors are liable for our safety at work.”

It seems that the charge has been left to the South Australian Greens Parliamentarian,

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Dignity and solemnity at Workers’ Memorial Day

The Victorian commemoration of International Workers Memorial Day has held on28 April 2015 and was a major improvement on previous memorials.  The politics was muted by the speakers.  There was no tray truck of angry unionists yelling through tannoys and heading off half way through the event to a protest rally that they see as more important than remembering the dead. There was a good level of dignity and solemnity …… finally.

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“The regulator should be respected, but not feared”

cover of Transforming Work Health and Safety Performance FINALHow different can occupational health and safety (OHS) regulators be? A review into WorkSafe Victoria was announced in February 2015 but the review into its equivalent in South Australia, SafeWorkSA, is more progressed and has released a public discussion paper entitled “Transforming Work Health and Safety Performance“. Its suggestions should be noted by James Mackenzie the reviewer of WorkSafe Victoria.

Maybe not surprising to many, the future is a reworking of the past.

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New analysis of deaths at work

Cover of Deaths at Work 2014Barry Naismith has followed up his first report into WorkSafe with a second that analyses the workplace deaths in Victoria since 1985.

One of the attractions of Naismith’s analyses is that he considers the broader context to the data.  His first report looked at WorkSafe Victoria’s actions and policies in relation to the executive and board complexion.  In this report he looks at the frequency of deaths with WorkSafe campaigns and enforcement response.

The analysis may not have the authority of a fully-funded research program from an academic institution but the level of detail he has collected from official sources is impressive, and in the absence of any other analysis, Naismith’s work deserves serious attention.

Kevin Jones

Abolition of Construction Code is a return to the past on OHS

The new Andrews Government in Victoria has followed through on its election pledge to abolish the Construction Compliance Code Unit (CCCU) of the Department of Treasury and Finance. It announced this in a peculiar manner within a media release on whooping cough, a process that Senator Abetz went to town on. But Premier Andrews’ decision raises the question of, if the Code is gone, what replaces it? The simply answer is nothing.

A spokesperson for the Premier advised SafetyAtWorkBlog that

“The Andrews Labor Government has delivered on its election commitment to scrap the Victorian Code of Practice for the Building and Construction Industry and its monitoring body the Construction Code Compliance Unit (CCCU).

Contractors bidding for Victorian Government work and applying for pre-qualification on construction registers will still need to meet safety and industrial relations management criteria. Contractors must also have occupational health and safety policies and procedures to meet legislative and regulatory requirements.”

Continue reading “Abolition of Construction Code is a return to the past on OHS”

WorkSafe Victoria returns

VWA BrandJust over six months ago the (conservative) Victorian Government announced that it was dropping the WorkSafe brand (pictured right).  This made little sense at the time as the WorkSafe brand was so established that it became accepted shorthand for the OHS inspectorate. On 23 January 2015, less than two months after the election of a new (Labor) Victorian Government, the brand has been resurrected.  It seems that this indicates an ideological change.

The benefits of dropping the brand were stated on the Victorian Workcover Authority’s (VWA) website (pictured above) as better reflecting all areas of the VWA’s business but the decision was widely interpreted as a diminution of attention to harm and injury prevention.  Such a strategic shift echoed  the increased

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Queensland’s workers’ compensation performance is “double plus good”

The Queensland Premier, Campbell Newman, called a “snap” election for the end of January 2015. On 11 January 2015, Newman tweeted:

“Queenslanders injured at work are covered by Australia’s strongest workers’ compensation scheme.”

This is a further example of political newspeak as what does a “strong” workers’ compensation scheme look like? Newman’s tweet included an image that provides some clarity to his claim.

LNP WC Twitter graphic Continue reading “Queensland’s workers’ compensation performance is “double plus good””

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