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, but does not need to for such laws to be introduced across Australia.

It is good that pressure on important occupational health and safety (OHS) matters is maintained, even if the motion was “negatived”. However, perhaps more interesting was a couple of statements that Senator O’Neill’s actions generated, one of which is deconstructed below.

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Alan Jones vs Dan Andrews

Not Alan Jones

The calls continue for the Victorian Premier, Dan Andrews, to be charged with Industrial Manslaughter over COVID19-related deaths that resulted from a poorly-managed hotel quarantine program. This time the topic was picked up be one of Australia’s conservative big guns, Alan Jones.

Jones hyperbolic rhetoric was on full display in his interview with Ken Phillips, who started the Andrews Industrial Manslaughter campaign.

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The quad bike safety puzzle

According to The Weekly Times ($), the Victorian Farmers Federation has changed its stance on the fitting of operator protective devices (OPDs) to quad bikes at point of sale. Instead they want farmers to fit their own OPDs. The reason given for this change is reported as being

“… due to concerns many quad bike brands would no longer be available if manufacturers were forced to fit them.”

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Federal leadership misses State action

Australia’s Industrial Relations Minister and Attorney-General, Christian Porter, has popped up on occupational health and safety (OHS) issues several times in the last few weeks. It is fair to say that each time he has not really shone, partly due to political ideology and partly due to constitutional structures. Some of these barriers, the Minister can address.

As mentioned recently, several food delivery drivers have died. Minister Porter was asked specifically about one of these deaths, that of Chow Khai Shien, in Parliament by the Australian Labor Party’s Josh Burns. Porter said that he had talked to representatives of the Transport Workers Union about this type of work, but:

“One of the things that we discussed in that meeting was the fact—that is acknowledged, I think, inside the union—that occupational health and safety for those drivers is, not just predominantly, but essentially, a state based responsibility.”

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Justice delayed is justice denied

The Ballarat Courier is reporting that the prosecution of Pipecon over the deaths of two workers from a trench collapse in March 2018 has been delayed again. It seems the reasons for the delay include renovation works on the courthouse and the workload of the Court. Judge Gerard Mulally‘s decision came the same week as a delegation of bereaved relatives attended Federal parliament in Canberra.

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Gig work changes that could save lives

The New South Wales government is conducting an inquiry into the gig economy, modern versions of precarious work. There has been five deaths of food delivery workers over the last few months and this has increased media attention on the Inquiry and the issues raised.

On November 28 2020, Joellen Riley Munton, Professor of Law at the University of Technology, Sydney spoke on the Australian Broadcasting Corporations’ AM Program. Out of all the recent media discussions on gig work, Munton’s seemed the most targeted on occupational health and safety (OHS).

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Fire Flood Plague OHS

2020 is a year of continuing social change, so a book of essays that reflects on 2020 seems a little presumptuous. But just because we are in a state of social flux does not mean we must wait for stability before examining the process of change.

This December Random House Penguin will publish “Fire Flood Plague“, a collection of essays from prominent Australian writers about what Tim Flannery calls the three catastrophes:

“…the unprecedented, climate-fuelled megafires that were extinguished by damaging, climate-influenced floods. Then, in March, the COVID-19 pandemic…..”

page 69-70

There are some parallels between how people responded to these disasters and how workplace safety and health is managed. But more than that, the essays provide an insight into how others feel about what is happening, and these writers’ thoughts will reflect the thoughts of those with whom we work, with those we are obliged to manage and with those whose physical and mental welfare we are obliged to improve.

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