Industrial Manslaughter submissions

The issue of Industrial Manslaughter laws continues in Victoria. Several organisations were invited to provide submissions to the Victorian Government’s task force formed to look at the implementation of these laws. Three of those submissions have been seen by SafetyAtWorkBlog:

Joint Submission

The joint submission states that

“The laws will also improve health and safety outcomes in workplaces by providing a real deterrent to employers who are tempted to cut corners on health and safety.”

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“…this mother introduced her son to his first employer and within a year he was dead”

Recently Jan Carrick spoke with SafetyAtWorkBlog about how her life changed after the death of her son Anthony, who was on the first day of his new job sweeping floors. Jan was responding to a series of questions put to her and others. One of those others was Andrea Madeley.

Andrea Madeley has been an outspoken advocate for changes in occupational health and safety (OHS) laws since her son died in a workplace incident in 2004. In response Madeley established the influential advocacy group VOID – Voice of Industrial Death. Madeley has recently qualified as a Solicitor.

SafetyAtWorkBlog wanted to tap into the wisdom of those who have already experienced the death of a loved one at work and who has gone through all the related court processes, in the hope that this will provide an important perspective to those around Australia who are in the early stages of similar tragic experiences.

Below are Andrea’s responses to SafetyAtWorkBlog’s questions.

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Be part of the Mental Health conversation

Public submissions for Victoria’s Royal Commission into Mental Health close on July 5 2019. If you believe that work-related mental health is important, tell the Royal Commission through its, very easy, online submission process. Below is the text of the submission I made earlier this week.

The website asks you questions, many more than I answered, so you just have to think a little bit, and comment. If you don’t have time for a detailed submission, there is a Brief Comments option.

What is already working well and what can be done better to prevent mental illness and to support people to get early treatment and support?

Employers have had legislative obligations to provide safe and healthy work environments for many decades, but the inclusion of psychological health has been largely overlooked in preference to those hazards that have a direct relationship to traumatic injury and death.  It is only since 2000, and the various campaigns since to prevent and reduce stress and bullying, that psychological risks have been on the workplace agenda.

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Grab the political OHS opportunity

Yesterday, Australia’s Parliament opened for its Winter session. As per protocol, the Governor-General officially opened the process with a speech (page 13) about his government’s agenda. It is no surprise that it is heavy on economic reform but there was a few lines about lawlessness that are of interest.

The Governor-General’s words are aimed at the lawlessness of certain trade unions but we could impose occupational health and safety (OHS) on the statements as well. On the issue of Regulatory Reform and Industrial Relations, the Governor-General said the government:

“… will partner with businesses in identifying the barriers, blockages and bottlenecks to investment. Confidence to invest relies on productive and harmonious workplaces. This means tackling lawlessness in workplaces whenever and wherever it may occur…….

This work will be evidence based. It will protect the rights and entitlements of workers and identify a way forward that will benefit our economy and, most importantly, the workers who rely on it.”

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Robbing Peter to pay Paul – the “WorkSafe Tax” is challenged

More details of the “WorkSafe Tax” and WorkSafe Victoria’s new infringement notices and specialist construction inspectors emerged with the appearance of the Minister for Workplace Safety, Jill Hennessy, at the Public Accounts and Estimates Committee hearing on June 14 2019.

Liberal Member of Parliament Richard Riordan went to town on the Minister. He opened with this question:

“….I refer to budget paper 5, page 23, which shows you are ripping $700 million out of the WorkCover Authority over the forward estimates. How does taking such a massive dividend tax to the government help workplace safety?”

page 5, Verified Transcript

But this issue has been bubbling along since at least 2011 when the now Premier, Daniel Andrews, vehemently opposed it.

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Burnout – collective resilience

In this second of a series of articles on Burnout, SafetyAtWorkBlog went beyond its regular sources of mental health information and received some useful comments from international professionals in the mental health/burnout space. Courtney Bigony, Director of People Science at 15Five told SafetyAtWorkBlog:

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“They did not know what to say, so they stop saying anything at all”

Behind every call for Industrial Manslaughter laws in Australia over the last twenty years has been is a deeply grieving family. We often see relatives on the TV News, standing outside of Courts, or at memorial sites. SafetyAtWorkBlog fears for the mental health of these people who have usually been traumatised by the death and whose experiences in the immediate aftermath and the months afterwards often exacerbates that trauma.

But people have been killed at work for centuries and often the current pain and anger is so raw that we fail to remember those who have already gone through this process because their voices have often been used and discarded.

SafetyAtWorkBlog spoke with several bereaved relatives who have experienced the loss of a relative at work. The focus was on those whose relatives died over a decade ago, to gain a more measured and reflective perspective and in order to understand what may be in the future for all of us who have workers in our families. I responded more emotionally to these stories than I expected and have found it difficult to write about the issues I intended to address, so I have decided to let these interviews and stories stand pretty much by themselves.

The first of these responses is from Jan Carrick. Her 18-year-old son Anthony died in 1998 on his first day at work. One article written in 2003 about Anthony’s death and that of other young workers said this:

Continue reading ““They did not know what to say, so they stop saying anything at all””