The challenge of Crown vs Crown prosecutions

Recently the West Australian Department of Corrections was prosecuted over the work-related death of an inmate.  It was fined $100,000 plus costs over the death of a remand prisoner crushed between a truck and a wall at Hakea Prison in 2015.  The WorkSafe WA media release provides a level of detail rare in these sorts of incidents and it is recommended reading.

The incident and the prosecution raise enforcement issues that would be familiar to many occupational health and safety (OHS) regulators but also to businesses.

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A narrow view on sex work safety

Dr Caroline Norma had an opinion piece published in The Age newspaper on October 24 2018 that fails to acknowledge the occupational health and safety (OHS) duties of Victorian businesses operating sexual services.  SafetyAtWorkBlog has looked closely at OHS in this industry sector before and has previously communicated with Dr Norma on sex work safety.  Dr Norma’s current article illustrates a common perspective on workplace safety and health issues where one set of legislation dominates the public policy conversation rather than the multidisciplinary approach.

It is necessary to clarify Dr Norma’s opening statement:

“The Victorian Labor Party will consider fully deregulating the state’s sex industry if re-elected to office in November.”

According to the 2018 Platform of the Victorian Australian Labor Party (ALP), in the context of Human Rights and Equal Opportunity, the ALP will:

“recommend that the Victorian Law Reform Commission consider decriminalisation of all sex work in Victoria as per other systems recognised internationally by human rights organisations.” (page 87)

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Liability insurance products get some serious criticism

In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were “referred to the WHS Board” for further consideration (footnote page 3).

On 17 October 2018 the Senate Education and Employment Committee’s report into industrial deaths similarly recommended the Commonwealth, State and Territory governments:

“amend the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;” (Recommendation 21, page xi)

Given the

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Bad bosses

Benjamin Artz, Amanda H. Goodall  and Andrew J. Oswald determined that

“There are no published papers — to our knowledge — that assess in an internationally consistent way the rarity or commonness of ‘bad bosses’.”

So they undertook there own research, published under the title “

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The importance of evidence in addressing workplace mental health issues

At the recent Scientific Meeting of the Australia and New Zealand Society of Occupational Medicine (ANZSOM), Allison Milner stepped in for an ill Tony La Montagne and added value to his intended presentation on workplace mental health. This meeting is different from other conferences in one particular way, in relies on evidence and not marketing for its presentations.  This difference made Milner’s presentation very powerful.

Milner set the scene with a broad picture of mental health:

“1 in 5 Australians have a mental illness, which equivalates to about 1.5 million.  And over 3000 people lose their life to suicide every year, and the vast majority of these people being men.  But suicide affects far more people than those people who attempt or sadly lose their life.  It affects their work colleagues, it affects people in our community and it affects our family.”

Continue reading “The importance of evidence in addressing workplace mental health issues”

ACCI on silicosis

The business sector of Australia has been remarkably quiet on the recent media attention given to hazard of silicosis in, particularly, the synthetic stone commonly used as kitchen benchtops.  However the Australian Chamber of Commerce and Industry (ACCI) did make a media statement.

It largely emphasised its role as a member of Safe Work Australia and the action taken on silicosis matters through that mechanism.  However membership of a tripartite consultative mechanism does not mean that that is the only pathway for change.  SafetyAtWorkBlog put some questions to ACCI about silicosis and its Associate Director, Work Health & Safety and Workers’ Compensation Policy, Jennifer Low, responded:

SAWB: The media statement says that ACCI will continue to be active through its representation on Safe Work Australia.  Are there any specific dust-related initiatives that ACCI is recommending to its members?  Perhaps in relation to supply chain safety on high silica-content products? Continue reading “ACCI on silicosis”