I am a fan of NPR’s radio program, All Things Considered. Occasionally, it reports on workplace health and safety matters. On July 19, 2024, it reported on the unacceptable number of deaths from trenching activities in the United States. The content was shocking and disappointing (the default setting for many reactions to occupational health and …
Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available. They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed. A major purpose of any penalty is to deter harmful and damaging actions from being repeated. …
New South Wales is the latest Australian jurisdiction to introduce a penalty for Industrial Manslaughter (IM) in its occupational health and safety (OHS) laws. One of the primary aims of significant penalties like IM is to deter others from making similar negligent decisions related to workplace health and safety. But deterrence is a fickle beast....
Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention. ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the …
Last week, a miner, Kurt Hourigan, died in a rockfall in a gold mine in the rural city of Ballarat. Another was rescued, and over twenty work colleagues were able to access a safety pod and exit the mine later. Accusations of mismanagement and deficient occupational health and safety (OHS) practices are rife. The media …
The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context....
Occupational health and safety (OHS) has always dealt with death. Many of the most significant legislative and operational changes have resulted from one or more work-related deaths. The horror and tragedy of each death cause us to redouble our efforts to prevent untimely death. The reality of occupational deaths and the quest to prevent death …
