Industrial Manslaughter in WA but Federally? Unlikely

Gold warm sunlight on CBD of Perth city as seen from Kings Park. Source: istockphoto

The West Australian government presented its new Work Health and Safety (WHS) Bill to Parliament in November 2019 and debate has continued in February 2020. Joining with most other States in using the model WHS legislation is a major change for that State as it not only brings one set of occupational health and safety (OHS) laws to all businesses, including mines and petroleum, but it introduces the offence of Industrial Manslaughter. However, IM in WA has a two option penalty – “Industrial manslaughter – crime” and “Industrial manslaughter – simple offence”.

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What does a psychological near miss look like?

This week a workplace mental conference has been running in Sydney with some excellent speakers. The theme is to improve integrated approaches to workplace mental health in the belief that progress can be most effective when workplace silos and professional disciplines share information and actively listen.

However, resistance to change continues and silos continue to exist even if the interconnecting bridges are half-formed. One half-formed bridge was illustrated when I put this question to a panel discussion:

“What does a psychological near-miss look like?”

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The quest for integrity and accountability

Accountability is the goal of many who seek social justice and improved equity. This goal can also include the quest to improve occupational health and safety (OHS) but Accountability cannot be separated from other business elements such as Integrity. Many of these goals exceed what is legally required. Being a law-abiding citizen does not automatically mean that one is operating with fairness, integrity or safety.

This reality was on show recently in some of the committee hearings of the Australian Senate and through the questions posed by Senator Rex Patrick of the Centre Alliance party.

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There but for the Grace of God ….. Dreamworld

The nature of news/media reporting is that any story must be topical, but the nature of occupational health and safety (OHS) is that topicality is stretched over years of investigation or it stutters over time when a new bit of information is available. This has been the case with the aftermath of the deaths of four people at the Dreamworld theme park in Queensland and there is a strong likelihood that other topical news, such as the possible pandemic of COVID-19, will mask the important management issues of Dreamworld.

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Government responds to the mental health risks of emergency service workers

In 2018/19 one of Australia’s Senate Committees looked at the mental health of emergency responders. The final report was handed down in February 2019 and the government’s response has been released today, twelve months later (?!). Lucky the government delayed as it allowed the Response to mention the 2019/20 bushfires even though this was outside the timeline of the Committee’s inquiry.

Emergency Responders, as do frontline soldiers, face unique psychological risks from their duties, so there are some recommendations that are difficult for those outside the sector to relate to but looking at the Response gives an insight into the thinking about occupational health and safety (OHS), and especially workplace mental health risks, of the Australian government. That thinking may be summarised by the Government supporting only one of the fourteen recommendations, noting five of them and supporting “in principle” the rest.

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Emerging OHS risks and strategies in Ballarat

On 25 February 2020, I spoke at a breakfast seminar at the Ballarat Regional Occupational Safety & Health Group (BROSH) on emerging OHS risks and strategies. Below is an edited version of that talk, which touched on CORVID19, bushfire smoke, sexual harassment, mental health, safety culture and communication:

Industrial Manslaughter

Industrial Manslaughter laws will come into effect in Victoria in the middle of this year.  Anyone who thinks these laws may relate to their workplace or how their businesses are run, should be afraid.  But they should also be ashamed.  If they are worried about going to jail because their OHS decisions may be negligent, they are not managing the safety and health of their workers in the way the law intended, or the Regulator and the community expects.  They should be ashamed.

If you need an authoritative and informative speaker on workplace health and safety for your event, or just good, practical OHS advice, email Kevin Jones
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Dreamworld presents a story bigger than just an OHS failure

Late yesterday the Queensland Minister for Industrial Relations, Grace Grace, issued a media statement that clarified the work health and safety (WHS) prosecution process that is likely to apply to Ardent Leisure, the owner of Dreamworld. Significantly she clarified the Coroner’s Findings and the misinformation of some media outlets. Ardent Leisure has issued a statement in support of safety improvements.

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