Category: justice

Radio National OHS program

On 21 September 2010, Radio Australia’s regular program Australia Talks conducted a live interview concerning occupational safety and health.

For those who have been listening to the show for some time would have been surprised that the program covered much of the same old OHS ground.  Similar statistics, similar questions of what are the most dangerous occupations, similar assumptions and the same misunderstanding that discussions about OHS law are the same as discussions on safety management. Continue reading “Radio National OHS program”

BHP Billiton receives minimal OHS penalty – time for a new approach

Some time ago a penalty concept circulated in Australia where OHS penalties were implemented as a percentage of as company’s revenue or profit.  The concept gained renewed topicality in mid-July 2010 as BHP Billiton was penalised $A75,000 after the death of a worker, Scott Rigg. (Video report available)

The fine seems paltry for a fatality and more so when the company’s OHS record is taken into account.  As the video report states, BHP Billiton could have been penalised $A200,000 but even this is a relatively small fine for such a company.

The Australian Government has been willing to apply a 40% tax on the mining industry’s profits but is unlikely to apply a percentage penalty in relation to OHS.   Continue reading “BHP Billiton receives minimal OHS penalty – time for a new approach”

What does the Ark Tribe case have to do with workplace safety?

Australian trade unions, particularly those in the construction sector, have strongly supported Ark Tribe in his battle with the Australian Building & Construction Commission (ABCC).  Outside of the world of Australian construction trade union politics, the Ark Tribe issue has been difficult to understand without over-simplifying the issue.

In 2008, Ark Tribe attended a union safety meeting conducted by union organiser Justin Feehan.  The meeting was unauthorised and led to Tribe being called on for an interview with the ABCC.  He refused to attend and legal action has been taken which is likely to be resolved in the Australian courts today.  Tribe faces six month’s jail.

Regularly the saga has been described as one concerning workplace safety.  An unauthorised safety meeting may have been the initial event but the issue passed being an OHS matter very quickly to become one of industrial relations and a cause celebre against the ABCC. Continue reading “What does the Ark Tribe case have to do with workplace safety?”

What is the OHS “public interest”?

On 7 May 2010 Judge Lacava of the County Court of Victoria increased the $A25,000 fine applied to A Bending Company to $A75,000.

WorkSafe’s Acting Director for Health and Safety, Stan Krpan, said in a media release:

“The fact that the Director of Public Prosecutions [DPP] found the original penalty inadequate, and the increase in the fine on appeal, demonstrates the courts’ attitude towards health and safety offences.”

The DPP made the appeal to the County Court after a request for review of the original fine was made by WorkSafe Victoria.  According to the judge’s decision (not yet available online):

“The appeal by the Director is made pursuant to section 84 of the Magistrates’ Court Act 1989. The section gives the Director the power to appeal to this Court “if satisfied that an appeal should be brought in the public interest“.” [emphasis added]

So how was the public interest served by increasing the fine by $A50,000? Continue reading “What is the OHS “public interest”?”

The politics of the insulation debacle become clearer

The debacle of the Australian Government’s insulation job creation scheme faded when the scheme was cancelled suddenly by the Government earlier in 2010.  Attention was always going to return at various stages as investigations into the deaths of young insulation installers begin but Parliament resumed earlier and the Opposition attacked.  The attack has led to the release of correspondence between the Minister responsible for the debacle, Peter Garrett, and the Prime Minister, Kevin Rudd. (A good example of the role of an effective Opposition in ensuring open government)

The newspapers on 28 May 2010 have focused on the fact that the Prime Minister was aware of the serious occupational health and safety deficiencies of the system months before serious action was taken on the scheme.  However, the correspondence also indicates that Garrett was not inactive on the safety risks in 2009 as many critics allege. Continue reading “The politics of the insulation debacle become clearer”

Important OHS court decisions go unreported

On 20 May 2010 a Victorian magistrate fined an employer over $A500,000 following a workplace prosecution.  Almost all of it went to charity, according to WorkSafe Victoria.

There are several issues raised by Magistrate Vandersteen’s decision:

  • Why to charity?
  • Why the particular charities?
  • Why not allocate the funds to OHS-related organisations or initiatives?
  • Why does the Magistrates’ Court not make court decisions publicly available?

The workplace incident that started this case was that in August 2008, a 40-year-old man had his arm ripped out of the socket when it became tangled in an unguarded post peeler.   He was taken to hospital by an emergency ambulance helicopter where his life was saved. Continue reading “Important OHS court decisions go unreported”

Workplace Bullying petition is now online

In February 2010, an Australian Facebook Group has put together a petition to call for a thorough review into issues associated with workplace bullying.  The initiative stemmed from the successful prosecution of four men who contributed to the suicide of Brodie Panlock through their bullying behaviours.  The petition, subtitled “Petition For Criminal and Workplace Reform In Australia For Psychological Abuse”,  has now been prepared and is seeking support.

The crux of the petition is:

“Your petitioners ask that the Parliament:

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