All being well!

This time last year Australia was facing horrendous bushfires and days of thick smoke. Yesterday we, in Melbourne, received over an inch of rainfall. For many Christmas was far less than joyous. At the same time a global incurable coronavirus was spreading.

Occupational health and safety (OHS) took a back seat in many ways but also came to the fore in others, depending on how exposed employers felt their businesses were and whether OHS professionals were sufficiently adaptable; depending on whether one saw public health that affects work as a workplace hazard, or let the public health people get on with their work. In all these circumstances there was a little bit of panic and varying levels of fear and anguish.

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Death, insurance and cultural change

Christopher Cassiniti’s story is tragic on many levels. 18 years old, first construction job, Mum is running the tuckshop onsite, dead in a scaffold collapse in April 2019 at Macquarie Park (a site I know very well, more below), an incident for which the construction company, Ganellen, has pleaded guilty and has been fined less that $1 million which some have reported will likely be paid by its insurance company. The immorality of the insurance pay-out has been spoken of in a media release (November 19 2020) from New South Wales’ Construction Forestry Mining and Energy Union.

CFMEU NSW Construction Secretary, Darren Greenfield, said

“The death of Christopher Cassaniti in April 2019 was one of the most egregious industrial incidents we have seen in recent years and it is outrageous to learn Safework will settle the matter with the builder Ganellen for what is effectively the cost of the company’s insurance excess…,”

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‘No Bystanders Rule’​ Bullshit

Guest Post by Dr Rebecca Michalak

About couple of weeks ago, the Australian Financial Review (AFR) featured a piece on a law firm that had introduced a mandatory approach to reporting sexual harassment – referred to as a ‘no bystanders’ rule. 

To be clear upfront, here is my disclaimer – I am not directly commenting on the law firm in question; there isn’t enough information in the articles to make any objective judgements on that front. The references used from the two media pieces are for illustrative purposes only. Call them ‘conversation starters.’

In the AFR piece, the contractual obligation was outlined to involve: 

“…chang(ing) ‘should’ (report) to ‘must’ – so any staff member who experiences, witnesses, or becomes aware of sexual harassment must report it,” 

with the affiliated claim being,

“That shift really reinforces that there is zero tolerance – and there are no confidences to be kept; it needs to be outed – bystanders [staying silent] will no longer be tolerated.“

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Behind the OHS words in Parliament

On December 11 2020, Senator Deborah O’Neill (ALP) (unsuccessfully) sponsored a motion that, amongst other things, called on the Government to act on the recommendations of the 2018 inquiry in to industrial deaths and the Boland Review, and to introduce Federal industrial manslaughter laws. That last request will probably never occur under a Conservative government, but does not need to for such laws to be introduced across Australia.

It is good that pressure on important occupational health and safety (OHS) matters is maintained, even if the motion was “negatived”. However, perhaps more interesting was a couple of statements that Senator O’Neill’s actions generated, one of which is deconstructed below.

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Alan Jones vs Dan Andrews

Not Alan Jones

The calls continue for the Victorian Premier, Dan Andrews, to be charged with Industrial Manslaughter over COVID19-related deaths that resulted from a poorly-managed hotel quarantine program. This time the topic was picked up be one of Australia’s conservative big guns, Alan Jones.

Jones hyperbolic rhetoric was on full display in his interview with Ken Phillips, who started the Andrews Industrial Manslaughter campaign.

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The quad bike safety puzzle

According to The Weekly Times ($), the Victorian Farmers Federation has changed its stance on the fitting of operator protective devices (OPDs) to quad bikes at point of sale. Instead they want farmers to fit their own OPDs. The reason given for this change is reported as being

“… due to concerns many quad bike brands would no longer be available if manufacturers were forced to fit them.”

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Federal leadership misses State action

Australia’s Industrial Relations Minister and Attorney-General, Christian Porter, has popped up on occupational health and safety (OHS) issues several times in the last few weeks. It is fair to say that each time he has not really shone, partly due to political ideology and partly due to constitutional structures. Some of these barriers, the Minister can address.

As mentioned recently, several food delivery drivers have died. Minister Porter was asked specifically about one of these deaths, that of Chow Khai Shien, in Parliament by the Australian Labor Party’s Josh Burns. Porter said that he had talked to representatives of the Transport Workers Union about this type of work, but:

“One of the things that we discussed in that meeting was the fact—that is acknowledged, I think, inside the union—that occupational health and safety for those drivers is, not just predominantly, but essentially, a state based responsibility.”

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