Western Australia’s transition to harmonising with the Model Work Health and Safety laws is progressing, according the recently released Budget Papers for 2019/20.
Volume 1 of Budget Paper No 2 lists some significant issues for the Government and specifically the Department of Mines, Industry Regulation and Safety:
The Victorian Government has announced that various safety initiatives are being taken on the silicosis risks associated with products described as synthetic stone. This initiative is an important first step in reducing the exposure of workers to silicosis but there are some curiosities in the announcement and WorkSafe Victoria’s accompanying Information Sheet.
The core elements of the government’s action are:
The mainstream media did cover the Australian Labor Party’s statement about workplace safety and industrial manslaughter laws. These issues also featured, unsurprisingly, in some of the commemorations on International Workers Memorial Day. But the issue was largely left floating, irretrievable in the political swimming pool.
David Martin-Guzman, writing for the Australian Financial Review (AFR), painted the ALP announcement as advocating on behalf Australia’s most militant trade union, the Construction Forestry Mining Maritime and Energy Union (CFMEU). This approach sadly places any OHS activity purely in the context of industrial relations. That is likely placing OHS as only part of Human Resources. OHS is its own profession, has its own principles and is supported by its own legislation and government regulator.
The West Australian Government has released its the report on its Ministerial Review of the State Industrial Relations System. There are a few interesting bits that relate to occupational health and safety (OHS) and bullying.
The Fair Work Commission has been able to accept applications to stop workplace bullying for a few years now. Western Australia’s State system will soon also allow this, if the Government accepts the recommendations, but workplace bullying is a little different from the OHS approach. The report says:
On March 17 2019, a community radio program and podcast “The Concrete Gang” broadcast some comments about occupational health and safety (OHS) on a rail construction site in Victoria, Australia, believed to be the Aviation Rd, Laverton site. SafetyAtWorkBlog attempted to factcheck the accusations.
Construction company McConnell Dowell is providing construction services on various sites for the Level Crossing Removal Project. According to The Concrete Gang:
“… McConnell Dowell level crossing removal have had a few dramas out there what we’ve got is we’ve a live train and they’re trying to put a level crossing in while there’s a live train going. They normally do what we call a shutdown which is an occupation where they shut down the line and they’re lifting concrete beams and build a bridge. Well McConnell Dowell in their wisdom are trying to do it between 10-minute stops…”
“….the workers on the job have got issues because they’re obviously lifting precast elements over trains and there’s obviously no safety…”
In March 2019, the Northern Territory government released its “Best Practice Review of Workplace Health and Safety in the Northern Territory”. This report was written by Tim Lyons who reviewed the Queensland work health and safety (WHS) Laws not so long ago. Lyons is creating a career path as sustainable as Alan Clayton who seems to have reviewed all the workers’ compensation systems in the Asia Pacific!
There are many similarities between the two reports which is not surprising – same Model WHS laws, same reviewer….. Yes, Industrial Manslaughter laws were recommended but this is almost a pro forma recommendation at the moment, as it has been supported by at least two State governments, recommended in a Senate inquiry into industrial deaths and pragmatically recommended by the Boland Review. In many ways these WHS-related reviews are feeding off each other.
Victoria’s Minister for Workplace Safety, Jill Hennessy, has released a media statement about the occupational health and safety (OHS) context of family violence, referencing a WorkSafe Victoria guidance note from January 2018.
Hennessy is quoted saying:
“Employers have a legal obligation to provide a safe workplace for their employees – and that includes doing whatever they can to support workers experiencing family violence.”
But what level or type of support is expected from employers? Family violence is damaging and insidious but also a crime. It is also a subset, or maybe a special type, of workplace violence as is evident by WorkSafe’s reference to its broader violence publication at the end of the family violence guidance note. The publication, A guide for employers Preventing and responding to work-related violence, outlines the employers duty of care, which includes prevention.