Graham, this is one of the reasons I continue to look for evidence of a relationship between punitive laws, like industrial manslaughter, and the improvement of safety and health of workers. It is that old chestnut of turning awareness into action and I could be tilting at windmills but…..

It is difficult to argue for Industrial Manslaughter laws to further raise awareness of OHS obligations as the obligations have existed since 1985 and there has been near-constant reminders of these obligations, in various ways, through WorkSafe Victoria and other States’ media since. I understand there are many steps between an incident and a prosecution but I don’t accept there are many steps, if any, between running a business and keeping your people safe and healthy.

I have been told there are many more insurance policies to cover the costs of OHS financial penalties and costs than there were a decade ago. Why is this market growing? Who’s promoting these products? Who is not arguing against these types of insurance policies?

With existing and proposed industrial manslaughter laws a survey of WHS consultants and lawyers might be instructive as to the potential deterrent impact.

Of course it may also result in a greater reliance on insurance against the financial aspects. However l haven’t seen any policies yet where the insurer will offer to send its CEO or other officers to jail on behalf of an insured.

Cheers, Graham