Trade union organiser jumps the gun on Industrial Manslaughter after mine rockfall

Last week, a miner, Kurt Hourigan, died in a rockfall in a gold mine in the rural city of Ballarat. Another was rescued, and over twenty work colleagues were able to access a safety pod and exit the mine later.

Accusations of mismanagement and deficient occupational health and safety (OHS) practices are rife. The media coverage of the disaster and its aftermath reflects the days immediately after the Beaconsfield Mine Disaster in Tasmania in 2006, where the trade union, the Australian Workers Union (AWU), dominated the provision of information. But why is the AWU calling for a prosecution for Industrial Manslaughter? And why now? Isn’t there a stronger OHS message available?

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The (fatal) flaw in over-reliance on government safety funding

As I write this, I am in a rooftop bar not far from the Astor Theatre, where the new Australian film ”Just a Farmer” is premiering. I am expecting a powerful story of the struggles of a farming family and community after one of their members dies by suicide. The film will likely touch on themes like the dearth of mental health support services in rural areas, the male-dominated culture of farming in Australia and the need and desire for more occupational health and safety (OHS) support services in the country. But it is the latter struggle that is most on my mind at the moment.

National organisations that support farm safety are not guaranteed the level of funding from governments they have received previously. Although the federal budget remains in surplus, it is politically expedient to keep the government purse strings tight in this time of high-interest rates and a cost-of-living crisis. This affects support services and programs for farm safety.

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Industrial Manslaughter fears

The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context.

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HSRs are one option for Consultation, not the be-all and end-all

WorkSafe Victoria’s obsession with Health and Safety Representatives (HSRs) was displayed at last week’s 2023 WorkSafe Awards night. The HSR of the Year nominations generated rowdiness in the audience, absent from the rest of the evening. The political context for emphasising HSRs in workplaces is understandable; there is always a close (and financial) relationship between trade unions and left-leaning political parties like that currently governing Victoria. HSRs and occupational health and safety (OHS) committees have been part of Victoria’s OHS legislation since 1985.

But only as one element of Consultation – a concept and principle that applies to all Victorian workplaces, not just those with trade union members or HSRs.

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A curious Worksafe awards night of omissions and shadows

If I was asked to describe last week’s awards night conducted by WorkSafe Victoria, it would be curious. This article does not question the legitimacy of the award winners and finalists: all deserve the accolades and the glory. In fact, there perhaps should have been more of them.

The atmosphere of the event was relatively muted. There were no tables of loud finalists from previous years, but the tables associated with the night’s final award, the Health and Safety Representative (HSR) of the Year, were rowdy at the end. The Master of Ceremonies was a last-minute replacement and made little attempt to entertain. Her job was to read the script and announce the winners, and she was good at that, but there was no lively personality as in previous years, no one to warm up the crowd.

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Work (re)design needs government subsidies to succeed

Last week, SafeWork New South Wales progressed the management of psychosocial hazards at work with the release of its Designing Work to Manage Psychosocial Risks guidance. This document has been a long time coming and offers significant advice on how work and people management needs to change in order to prevent psychosocial hazards. However, its implementation is likely to generate considerable opposition and confusion, or even organisational shock, if it is not able to convince employers of increased profitability and productivity from making the change.

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A refresh of the Code of Practice for Working Hours could be of great benefit

Many workers have a working week that includes more hours than they were contracted for. This is often described as “unpaid overtime”, which is a misnomer as “overtime” traditionally involves being paid a higher rate of income to compensate for making one available beyond or “over” regular business hours. Unpaid overtime can also be considered employer- and employee-endorsed exploitation and lead to industrial disputes, as junior doctors recently showed in Victoria.

Since 2006, the West Australian government has had a Code of Practice for Working Hours, with supporting documents such as risk management guidelines. This level of prescription could be applicable in supporting and clarifying newly-emphasised occupational health and safety (OHS) duties for psychosocially healthy work.

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