OHS REPS @ WORK

11 July 2002
A 17 per cent rise in Victorian workplace fatalities demands a policy reversal from the State Liberal opposition on the recently defeated Crimes (Workplace Deaths and Serious Injuries) Bill according to Victorian Trades Hall Council.

There were 34 fatalities in the 2001/2002 financial year, with more than 60 per cent of the deaths occurring in rural or regional areas. There have been 18 deaths reported this year to date.

The State Opposition and Victorian employer groups rejected the Bill on the basis that workplace fatalities had been in 'steady decline' since the introduction of the Occupational Health and Safety Act in 1985.

The Victorian Employers' Chamber of Commerce and Industry, in a media release in March 2002, said the legislation was unnecessary due to the decline in fatalities.

"WorkSafe's own figures show a steady decline in workplace injuries and death since the Occupational Health and Safety Act was introduced in 1985. Why then, when the current cooperative framework has been working, is the Government looking at introducing a punitive new system?"

VTHC secretary, Mr Leigh Hubbard, called on the Opposition and Mr Napthine to reconsider the flawed argument in their rejection of criminal sanctions for employers.

"We need legislation to punish those few who operate so far outside the law that their actions cause the death, and serious injury of workers."

Mr Hubbard said the Australian Competition and Consumer Commission chairman Allan Fels was right to call for jail sentences for executives involved in collusion and this should logically extend to the crime of industrial manslaughter.

"If the ACCC can make a reasoned argument for tougher sanctions, including jail sentences, for collusion by big business, why not apply the same logic to the crime of gross negligence in the workplace?"

Minister for WorkCover, Mr Bob Cameron, said the defeat of the Crimes Bill in the Opposition dominated Legislative Council allowed rogue employers to neglect the health and safety of employees.

"Denise Napthine's opposition to the Bracks Government's Industrial Manslaughter legislation means rogue employers who don't care about the safety of their employees can escape criminal prosecution for deaths that occur as a result of their negligence."

Mr Cameron said he was appalled by the increase and warned employers in breach of the OHS Act that they would face a new tougher approach from WorkSafe Victoria.

Australia has an extremely poor workplace fatality record in comparison to other industrialised nations. For every 70 workers killed at work in Australia, 53 are killed in the United States and 14 are killed in the United Kingdom.