Category: WorkSafe

New OHS infringement notices for WorkSafe Victoria, according to Budget Papers

The Victorian Government released its State Budget on May 27, 2019. The Budget Papers include some references to occupational health and safety (OHS).

Infringement Notices

The Budget Papers state that new infringement notices will be available for WorkSafe Victoria to use.

“Workplace safety will be improved through the introduction of infringement notices for a range of occupational health and safety offences, adding to the suite of compliance and enforcement tools available to WorkSafe Victoria.”

page 88 – Budget Paper 3 – Service Delivery
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WA Budget

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:

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Dust clouds on kitchen benchtops

The Victorian Premier, the Minister for Workplace Safety, Dr Ryan Hoy and others at the silicosis announcement

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:

  • “A state-wide ban on uncontrolled dry cutting of materials that contain crystalline silica dust
  • Free health screening for Victoria’s 1400 stonemasons
  • A tough new compliance code for businesses working with silica
  • An awareness campaign to highlight the risks of working with engineered stone”.
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OHS is largely overlooked even on its special day

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.

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Where’s the harm in bullying?

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:

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Conspiracy accusations over rail construction project

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…”

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Scarlet M for Manslaughter

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.

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