Category: WorkSafe

We’ve got Industrial Manslaughter laws, now what?

So, Victoria now has Industrial Manslaughter laws. Now what? Within days of the activation of these laws a worker died at the Thales worksite in Bendigo. This location is covered by the Federal Work Health and Safety laws, but this has not stopped social media from mentioning Industrial Manslaughter. It seems now that every work-related death will be assessed through the IM lens. It may be that the threat of jail should always have been the starting point for occupational health and safety (OHS) penalties and investigations but initial responses to the IM laws have been mixed, and some seem to be more interested in what, in the past, has been a sideline to the IM discussion – deaths, in work vehicles, suicides and industrial illness.

https://youtu.be/5urLBdJ3whY
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Why isn’t workplace health and safety improving?

On Wednesday June 24 2020 at 1.30pm (AEST) I will be presenting my conference paper on the topic above. This is the first Australian Institute of Health and Safety conference to be conducted virtually and I am proud to be part of this year’s conference. As it is virtual, there is no limit on tickets so if you could not attend previous AIHS conferences, get to this one. Below is an extract from my paper:

The workplace fatality rates have been falling consistently for decades.  Occupational health and safety (OHS) professionals seem to be busier than ever.  So, the world must be safer than it has been in the past?  Maybe.  But this may not be the reality if we think a little deeper about the causes of harm and about the actions the OHS profession has applied.

Here is a typical graph showing the rate of workplace fatalities since 1985, when the modern OHS legislation was enacted in Victoria.

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Exclusive Interview with Dr Tom Doig

SafetyAtWorkBlog had the chance to put some questions to Dr Tom Doig in early 2019 prior to the book’s release. Below is that exclusive interview.

SAWB: “Hazelwood” is predominantly a book that describes the social and environmental impacts of the Hazelwood. What, if any, overlap did workplace health and safety (WHS) and WorkSafe Victoria have in the fire’s aftermath?

TD: In the aftermath of the mine fire, a number of WHS issues have come to the fore. Firstly, in the 2014 Hazelwood Mine Fire Inquiry, a number of criticisms were made of Hazelwood’s regulatory framework, with a suggestion that there was a ‘regulatory gap’, as expressed by Mr Leonard Neist, Executive Director of the Health and Safety Unit at the Victorian Workcover Authority (VWA), at that time:

‘If I identify that gap as, who is responsible for regulating for the protection of public safety, regardless of what the source of the hazard or the risk is, who’s responsible for public safety, that’s where the gap probably is and I can’t—if you were to ask me right now, I can’t tell you who is responsible for regulating public safety. I’m responsible for regulating workplace safety and responsible for public safety as a result of the conduct of that undertaking, but I couldn’t tell you who is directly responsible.’

In this case, while VWA focuses on the health and safety of mine employees, they aren’t explicitly concerned with the health and safety of the general public, if a hazard – like a 45-day plume of toxic smoke – is dispersed beyond a specific workplace.

Continue reading “Exclusive Interview with Dr Tom Doig”

Important safety, environmental, political and personal stories in book on the Morwell Mine fire

Dr Tom Doig has continued to build on his earlier work about the Morwell mine fire, expanding his “The Coal Face” from 2015 into his new book “Hazelwood” (after court-related injunctions, now available on 18 June 2020). 

SPECIAL OFFER: The first four (4) new Annual subscribers in the month of June 2020 will receive a copy of Hazelwood.

The Morwell mine fire created great distress to residents in Victoria’s Latrobe Valley, ongoing health problems, and a parliamentary inquiry, but can also be seen as a major case study of occupational health and safety (OHS) laws, enforcement, role and the obligation on employers to provide a safe and healthy working environment that does not provide risks to workers and “protect other people from risks arising from employer’s business”.  The management of worker and public safety is present in almost every decision made in relation to the Morwell Mine fire. The overlay of an OHS perspective to Doig’s book is enlightening.

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Mental health change needs to break out

On May 15 2020 Australia’s National Cabinet supported the National Mental Health and Wellbeing Pandemic Response Plan developed by the National Mental Health Commission. The focus was on the mental health impacts of the COVID-19 Pandemic but in the text was a reference to a National Suicide and Self Harm Monitoring System developed and run by the Australian Institute of Health and Welfare (AIHW). Given the dearth of valid data on suicide and after an earlier article questioning datasets, SafetyAtWorkBlog posed some questions to the AIHW about the monitoring system.

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All jobs are now more dangerous

The COVID19 pandemic has shone a spotlight on the government agencies that regulate and enforce occupational health and safety (OHS) laws. These regulators are not the lead agencies in pandemic control but as some countries relax lock-down protocols and people return to work in changed work environments, the role and actions of the OHS regulators are being re-evaluated.

Sarah O’Connor, in the Financial Times, opened her 26 May 2020 article brilliantly with

” Covid-19 has upended our notion of what a dangerous job looks like”

Office were often dismissed as low-risk workplaces with many site safety walks, if they happened, reporting on torn carpet and other similar hazards. That way of assessing risk should have been replaced, or supplemented, with assessments of the psychosocial risks of stress, bullying, a harassment, excessive workloads and many more harmful practices. So, offices may have a low risk of traumatic physical injuries but a higher level of risk of psychological harm. On top of this reassessment comes an infection risk that can be spread by workers showing no symptoms. Office-based risk has increased again and made the workplace itself dangerous.

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WorkSafe and Industrial Manslaughter webinar

On May 19, 2020, WorkSafe Victoria conducted an interactive webinar on Workplace Manslaughter laws due to be in place from July 1, 2020. The webinar was very good for those who are coming to the issue anew as the level of interaction was excellent. But the webinar also broadened beyond its topic, which was disappointing. At 90 minutes the event was too long, but revised versions of this consultation with the community should be scheduled regularly, even when physical distancing rules end.

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