Minerals Council and Industrial Manslaughter laws

On 1 February 2019 the Minerals Council of Australia issued a media release about occupational health and safety (OHS) in the mining industry and, in particular, Industrial Manslaughter laws. SafetyAtWorkBlog approached the MCA’s CEO, Tania Constable, for clarification.

The release stated:

“The MCA cautions that the introduction of Victorian Government’s industrial manslaughter laws will give rise to unintended consequences which impair, rather than enhance, health and safety outcomes at Australian workplaces. These laws will not contribute to general or specific deterrence or improvements in health and safety outcomes. This must be the priority, not imposing oppressive and unnecessary criminal liability on selected individuals”

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In an industry where there are no employers, who is responsible for workplace health and safety?

The Victorian Government has been running an inquiry for a little while on the “on-demand workforce”, a term which seems to be a synonym for the gig economy. The government recently extended the deadline for public submissions. This is often a sign that inquiries are struggling for information which is almost an inevitable consequence if you schedule an inquiry over the Christmas/New Year break.

This inquiry has direct relevance to occupational health and safety (OHS) and vice versa.

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Mining policy platform released

The Minerals Council of Australia has released its 2019 policy platform called “The Next Frontier: Australian Mining Policy Priorities”. The mainstream media will focus on taxation and jobs data given that Australia will face an election in the first half of 2019 but there is a specific chapter on occupational health and safety (OHS).

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Would Reckless Endangerment improve safety and health more than would Industrial Manslaughter laws?

The reckless endangerment provision of Victoria’s Occupational Health and Safety Act 2004 is likely to be crucial to this year’s discussions on Industrial Manslaughter laws and the management of workplace health and safety more generally, particularly as Victoria’s Minister for Workplace Safety, Jill Hennessy, has announced an implementation taskforce that includes a Workplace Fatalities and Serious Incidents Reference Group.

Section 32 says:

“A person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—
(a) in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or
both; and
(b) in the case of a body corporate, a fine not exceeding 20, 000 penalty units.”

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OHS barriers and opportunities

One of the common questions I am asked, usually face-to-face rather than online curiously, is what changes I would suggest for improving occupational health and safety (OHS).  Following on from the broad perspective thesis by Dr Clare Tedestedt George, here are some of my thoughts.

Entrenched workplace cultures

Workplaces and industry sectors have established rigid norms, work practices, expectations, and a culture, that are no longer considered as safe and healthy as they were intended to be.  This has happened due to the economic demands of neoliberalism, the (fake) empowerment of the individual and after years of weakness and neglect by the OHS profession and regulators.

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Annual Leave is an institutionalised mental health break

Occupational health and safety (OHS) and Human Resources (HR) disciplines continue to, mostly, operate in isolation and, sometimes, in conflict.  Part of the reason is that workplace matters are often seen as either OHS or HR, even though they are both.

SafetyAtWorkBlog looks for why Australian workers have four weeks of Annual Leave. Continue reading “Annual Leave is an institutionalised mental health break”