Industrial Manslaughter presents an empty hook

New South Wales’ Opposition Minister for Industrial Relations, Adam Searle, spoke recently in support of the introduction of Industrial Manslaughter (IM) laws. In Parliament on May 5 2021, he said “… legislation is required to enable the prosecution of industrial manslaughter and to fundamentally change the approach across industry in order to raise the standard …

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OHS is “… more what you’d call ‘guidelines’ than actual rules.”

Occupational health and safety (OHS) may not be a common subject in the mainstream media but there is plenty of political discussion on the topic in Australia’s Parliament. The current (conservative) federal government seems very slow to accept and respond to recommendations from official inquiries that it sees as a secondary political priority, such as …

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Is WorkSafe jumping the gun?

In mid-February 2021, WorkSafe Victoria issued a media release informing the community that it has charged a contractor following a worker’s death at a residential building site in Ballarat. Informing the community in such an early stage of a prosecution raises the issue of fairness and, according to one prominent occupational health and safety (OHS) …

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Death, insurance and cultural change

Christopher Cassiniti’s story is tragic on many levels. 18 years old, first construction job, Mum is running the tuckshop onsite, dead in a scaffold collapse in April 2019 at Macquarie Park (a site I know very well, more below), an incident for which the construction company, Ganellen, has pleaded guilty and has been fined less …

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Behind the OHS words in Parliament

On December 11 2020, Senator Deborah O’Neill (ALP) (unsuccessfully) sponsored a motion that, amongst other things, called on the Government to act on the recommendations of the 2018 inquiry in to industrial deaths and the Boland Review, and to introduce Federal industrial manslaughter laws. That last request will probably never occur under a Conservative government, …

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The black sheep of safety leadership

Western Australia’s Industrial Manslaughter (IM) laws are now in effect. The same arguments for and against were posed in Parliament and outside as they were in Queensland and Victoria, and the Australian Capital Territory well before that. The IM laws will face the same institutional hurdles to application and offer the same, nominal, deterrent effect. …

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Useful look at Victoria’s Industrial Manslaughter laws

Eric Windholz has released a perceptive paper on Industrial Manslaughter (IM) that neatly summarises the risks and rationales behind these legislative changes to Victoria’s occupational health and safety (OHS) laws. Windholz explains two functions of the amendments – a motivator for employers to improve OHS in their workplaces and to provide a pathway for bereaved …

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