Notification of mental health incidents

Australia’s entertainment and performing arts sector is gradually attending to the workplace mental health risks that are inherent, or have been shown to be problematic, in their industry. However it continues to operate in isolation rather than facing the reality and magnitude of the problems and the challenges facing lots of industries who have only recently discovered their psychosocial hazards.

The latest edition of Dance Australia magazine contains an interview with Chloe Dallimore,* President of Equity, a division of the Media Entertainment and Arts Alliance (MEAA), which illustrates the willingness to change, but still within limits.  Occupational health and safety (OHS) obligations are hardly mentioned, nor is the role of the OHS regulators.  Perhaps it is time to include mental health as a workplace incident or condition that should be notifiable under law.

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Why are we arguing about Industrial Manslaughter laws?

From left: Dave Brownlee, Janine Brownlee & Lana Cormie

On the issue of Industrial Manslaughter laws, Lana Cormie (pictured far right) said:

“Employers need to have motivation to do the right thing, ’cause clearly they don’t do it off their own back.  So, if that means, if this’ll be the difference between them making OH&S a high priority and not, then it needs to be done.  And I think all the other benefits for the men on the ground, and the women on the ground, will filter down from that.  “

Her comments on International Workers Memorial Day emphasises that the introduction of these laws is not so much about new laws but the failure of the existing ones and of their application.  Over time, the general commitment to implementing occupational health and safety (OHS) has declined in many workplaces or, at least, has not progressed in the way expected by the safety law makers of the 1970s and 1980s.

Government has relied on the increase of financial penalties as the major deterrent Continue reading “Why are we arguing about Industrial Manslaughter laws?”

The wisdom of a farming Near Miss

Australia’s occupational health and safety (OHS) agenda seems largely dictated by high risk industries like construction in some States and the mining sector in others. But agriculture is common to all Australia States and is consistently included in the official and unofficial workplace fatality data. New research has been released into serious farm injuries and which voices are the most effective in improving the situation.

The level of risk in Australian farms is illustrated well by

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Lessons in integrity and discipline

Australia’s occupational health and safety (OHS) profession was late to the process of certifying its members.  The Safety Institute of Australia (SIA) has been running its certification program for a couple of years so it is difficult to assess the benefit to members and the community but a critical element in any certification is the treatment of members who breach the Code of Ethics or Code of Conduct.  The revelations of corruption and misconduct from Australia’s Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry provide important lessons in integrity and fairness to all professions.

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Melbourne’s Worker Memorial ceremony

The Melbourne ceremony for International Workers Memorial Day was held on 27 April 2018 and had a good turnout.  The standout “speaker” was Lana Cormie (pictured right), whose husband, Charlie Howkins in a trench collapse in March 2018, a work colleague died later in hospital from injuries from the incident. Victorian Trades Hall’s Luke Hilakari was fired up in his talk about the importance of occupational health and safety (OHS) and the need for Industrial Manslaughter laws.

Cormie’s speech was read out by

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Interview with Dr Gerry Ayers

This weekend is the International Workers Memorial Day.  In Victoria, in particular and in Australia more generally, it is highly likely that the issue of Industrial Manslaughter laws will be raised as part of a trade union campaign.

Dr Gerry Ayers, the OHS&E Manager of one of the branches of the CFMEU, features in an online petition about these laws and it seemed the right time to interview Dr Ayers about these laws but also about workplace health and safety enforcement and practices more generally.

The full audio of our conversation is available in the Safety At Work Talks podcast available on SoundCloud and Podbean.

SAWB:           Gerry I’ve seen your photograph on various petitions and flyers about industrial manslaughter laws in Victoria where the trade union movement is asking people to sign petitions and pressure the government into bringing in industrial manslaughter laws.  Why is the trade union movement doing this now and what’s the purpose of the laws?

GA:     And it’s a bit like what the industrial campaign is all about, it’s rules are broken, or our rules don’t seem to be working in terms of the legislative framework and the sanctions that are afforded to people when they break the OH&S laws and when it all goes horribly wrong and someone is killed. It’s very rare that the full financial penalty is ever applied to any employer who goes to court for a workplace fatality. Continue reading “Interview with Dr Gerry Ayers”

Duty of care needs a moral analysis

In my readings on Industrial Manslaughter, a reader recommended a book to help me understand how the world works.  I haven’t found the time to read it through because I get angry and/or depressed, but I wanted to share a suggestion that may help clarify our occupational health and safety (OHS) obligations and provide a reconsideration of the employer’s duty of care.

In “Why Not Jail? – Industrial Catastrophes, Corporate Malfeasance, and Government Inaction“, Rena Steinzor summarised some work by David Luban and others in a research paper called “Moral Responsibility in the Age of Bureaucracy“. Steinzor outlines five managerial duties:

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