2020 will be the year when Victoria’s work-related death statistics receive a shake-up with the inclusion of road transport deaths for the first time. There is the potential to redefine Victoria’s occupational health and safety (OHS) risk profile if the recent New Zealand experience is anything to go by.
In relation to the release, last week, of the Brady Review SafetyAtWorkBlog wondered:
“It is worth asking whether a reliance on Administrative Controls could be interpreted as a level of negligence that could spark an Industrial Manslaughter prosecution.”
A seminar hosted by law firm Maddocks this week offered an opportunity to pose this as a question.
The 2020 business year has started with a bunch of occupational health and safety (OHS) seminars. Given last year’s moves towards Industrial Manslaughter laws in several Australian States, a discussion of these laws is inevitable and there are some voices calling out the politics of the issue. Herbert Smith Freehills’ Steve Bell is one of them.
A bombshell occupational health and safety report was tabled in the Queensland Parliament on February 6, 2020. Dr Sean Brady of the Department of Natural Resources, Mines and Energy undertook a forensic assessment of mining fatalities occurring over almost 20 years and has made recommendations that busts some mine safety myths and offers a, potentially very disruptive, way forward.
Brady issued 11 recommendations with many of them hitting the OHS regime of mining companies and safety regulators hard. As the report is over 300 pages, this article is based largely on the Executive Summary.
Human Resources (HR) professionals often have an enviable degree of influence over the decision making of company executives. In modern parlance, they are “influencers”; as such it is useful to keep an eye on the advice offered by the association that represents HR professionals, the Australian Human Resources Institute (AHRI).
Recently, freelance journalist, David Barbeler wrote “A comprehensive look at what lies ahead for workplaces in 2020” in AHRI’s HR Magazine. Given that the article is headlined as comprehensive, there are several peculiar occupational health and safety (OHS)-related omissions, especially workplace sexual harassment, Industrial Manslaughter, suicide and mental health.
Many advocates see the introduction of Industrial Manslaughter laws as a glorious moment that will change the world for the better, in other words, a silver bullet. But if it is a silver bullet, it is being shot into the political murk. Queensland’s expansion of its Industrial Manslaughter laws to the mining and resources industries was presented to Parliament on February 4, 2020, and is likely to pass with the support of those industries.
Occupational health and safety (OHS) laws should apply to businesses and workers without exception. Queensland’s exemption of the mining and resources sector from Industrial Manslaughter laws was always a nonsense but that nonsense made good political sense in an election year.
Two workplace health and safety researchers, David Provan and Drew Rae have teamed up for a weekly podcast called “The Safety of Work”. I haven’t got through all of them yet, but the format seems to be that each episode looks at an interesting occupational health and safety (OHS) research to see how the evidence or findings can be applied in the real world.
Given the recent themes of this blog I paid attention to Episode 11 on Production v Safety. (Episode 12 on Zero Harm is this week’s edition)