OHS REPS @ WORK

6 December 2002

The VTHC welcomes the appointment of Rob Hulls as Minister for Industrial Relations and WorkCover.

The Victorian Trades Hall Council sent a message of congratulations to the new Minister for Industrial Relations and WorkCover Rob Hulls today (6 December). The VTHC also signalled its intention to continue to campaign for justice for workers who are seriously injured or killed as a result of gross negligence in the workplace. VTHC secretary Leigh Hubbard said Mr Hulls was an asset to the Bracks Government and had strongly supported the Crimes (Workplace Deaths and Serious Injuries) Bill prior to its defeat by the Liberal Opposition in the upper house only six months ago.

"We welcome Mr Hulls' appointment. He was one of the main campaigners for this legislation during Labor's last term in office", said Mr Hubbard.

"Given Mr Hulls' legal background and his strong comments on this issue during the parliamentary debates I look forward to discussing further with him why the Government now appears to have decided to back away from the legislation. With control of both houses of parliament the Government has the opportunity to deliver on its promise to Victorian families who are currently being denied justice. If it isn't industrial manslaughter law there must be something else."

"The reality is that some large corporations have been avoiding their health and safety responsibilities for too long and Esso is a recent reminder of the results of this behaviour. There is a national and international campaign to attempt to put a stop to these senseless tragedies and it won't disappear because sections of the business community oppose it," he said.

In an opinion piece published in the Herald Sun earlier this year Mr Hulls said opponents of the Bill did not understand its content. Mr Hulls pointed out that smaller companies were adequately covered under existing manslaughter laws. The new Bill sought to ensure that large corporations would also be held accountable for negligence in the workplace that resulted in death or serious injury. ... the Bill will essentially do two things. It will increase some penalties under Occupational Health and Safety legislation, ... and will make the law covering criminal negligence in the workplace more effective and enforceable. Death or serious injury as the result of criminal or gross negligence is already an offence. However, the test for this particular offence is virtually impossible to enforce against all but the smallest companies. (Attorney General Rob Hulls, Herald Sun, 20/03/02) Mr Hulls further said that corporate gross negligence that resulted in a workplace fatality or serious injury was criminal behaviour and that Victorian families had a right to expect that those responsible would be punished. Mr Hubbard said that industrial manslaughter legislation had widespread support in the community that was reflected in the editorial content of major Melbourne newspapers such as The Age and the Herald Sun. Herald Sun editorial 18 March 2002: No responsible employer could attack measures to bring business and workers together to eliminate the tragedy of industrial accidents through safer workplaces. In Victoria last year 31 worker died and 3611 were seriously injured. ...The courts must also be prepared to impose heavy financial penalties on rogue employers, who have closed businesses to avoid prosecution. ...The challenge for the Opposition is not just to block this Bill to play politics, but to come up with constructive amendments. The Age editorial 26 April 2002:

"In the past five years there has been an average of 30 workplace deaths a year in Victoria, and this year the toll has already reached 12. It is a lamentable record, and the Liberals should not block legislation providing appropriate penalties for employers who evade their responsibilities..."

See the VTHC website for the Corporate Accountability Campaign.