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Industrial manslaughter to become law in Victoria

Industrial manslaughter to become law in Victoria

Victoria has made Industrial Manslaughter a criminal offence and will now have the highest safety fine in the country with maximum penalties of $16.5m and 20 years jail.

Victoria is the third state after ACT and Queensland to legislate to make Workplace Manslaughter a criminal offence. The new laws will commence on a day to be proclaimed or 1 July 2020 at the latest, but those found negligent before the legislation commences may still be prosecuted if an organisations work policies cause a workplace fatality before the commencement date.

When will Workplace Manslaughter apply in Victoria?

Workplace Manslaughter applies when all of the elements of the offence are proven:

  • the accused is a body corporate or a person who is not an employee or volunteer
  • the accused owed the victim a duty of care pursuant to sections 21 to 24 or sections 26 to 31 of the OHS Act (this includes duties owed to employees, contractors and members of the public) (applicable duties)
  • the accused breached that duty by criminal negligence in circumstances where there was a high risk of death, serious injury or serious illness
  • the act that breached the duty of care was committed consciously and voluntarily
  • the accused’s breach of the duty causes the victim’s death.

Workplace Manslaughter may apply even when the death of the person occurs sometime after the relevant incident. For example, depending on the circumstances, if an employee develops an asbestos-related disease after an employer exposed them to asbestos without the use of adequate personal protective equipment.

Who can be charged with Workplace Manslaughter?

A person, a body corporate, an unincorporated body or association or a partnership, including government entities and officers of these entities (but not employees or volunteers), who owe applicable duties to ensure the health and safety of another person in the workplace, can be charged with Workplace Manslaughter.

However, in certain circumstances, officers of organisations may be charged if their organisation owes applicable duties:

  • directors and secretaries of companies
  • partners of a partnership or joint venture
  • the trustee of a trust
  • persons who participate in the making of decisions that affect a substantial part of the organisations business
  • persons who have the capacity to affect significantly the organisations financial standing.

Negligent conduct

Voluntary and deliberate conduct is ‘negligent’ if it involves a great falling short of the standard of care that a reasonable person would have exercised in the circumstances and involves a high risk of death, serious injury or serious illness. It is a test that looks at what a reasonable person in the situation of the accused would have done in the circumstances. The test is based on existing common law principles in Victoria.

Negligent conduct can include a failure to act.

Examples of negligent conduct may include when a person:

  • does not adequately manage, control or supervise its employees
  • does not take reasonable action to fix a dangerous situation, in circumstances where failing to do so causes a high risk of death, serious injury or serious illness.

Causation: the conduct caused death

It must be established that it was the accused’s negligently criminal breach of the duty of care that caused the death. That is, his or her acts or omissions must have contributed significantly to the death, or been a substantial and operative cause of it. The acts or omissions must be such that an ordinary person would hold them, as a matter of common sense, to be a cause of the death. This is the existing common law test of causation.

Penalties

If convicted of Workplace Manslaughter, the following maximum penalties apply:

  • A maximum of 20 years imprisonment for individuals
  • A maximum fine of $16.5 million for body corporates

Note – the new laws will commence on a day to be proclaimed or 1 July 2020 at the latest, negligent conduct before the legislation commences may still be relevant for the purposes of prosecution if an organisation’s omission to amend unsafe work policies causes a workplace fatality post-commencement.

SOURCE: https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences

Ready to train your people in risk management, hazard identification and subcontractor management?

We have a range of programs to train your people in risk management, hazard identification  and subcontractor management which can be tailored specifically to your industry and organisational needs. Training can be delivered as individual modules or as part of one of our accredited programs.

You can see our full program suite here >> or see some relevant units below:

Risk Assessment & Hazard Identification

This program helps you identify and describe the difference between a hazard and a risk, and introduces a way of thinking about hazard identification and risk management as an everyday activity. 

It will also enhance the skills and capabilities of leaders in the areas of hazard identification, risk analysis and identification and how to implement appropriate risk controls.

Download the course outline>>

Subcontractor Management

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.  It also covers the WHS obligations regarding subcontractors, stepping through the various stages of effective subcontractor management, including assessing, evaluating safety history, attitude and managing expectations of performance and reporting.

Download the course outline >>

BSB41415 Certificate IV in WHS

The BSB41415 Certificate IV in Work Health and Safety is a nationally accredited program which will teach you how to identify hazards in the workplace, assist with responding to incidents, assess and control risk and consult on work health and safety issues. This program is most suited to those in a Safety Officer or Health and Safety Representatives role, or those currently in leadership roles wishing to shift their career into Health and Safety.

Read more about this program >>

Want to find out more about how we can customise our programs to your industry and organisation?
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Call us on 1300 453 555, email info@safetydimensions.com.au or use our contact form here.

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What happens in an unsafe work environment? (Video)

What happens in an unsafe work environment? (Video)

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Qantas safety video a trip down aviation memory lane

Qantas safety video a trip down aviation memory lane

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Key WHS statistics Australia

Key WHS statistics Australia

Safe Work Australia compiles the National Dataset for compensation-based statistics which comprises information on workers’ compensation claims provided by each of the jurisdictional workers’ compensation authorities.

Although 563,600 people experienced a work-related injury or illness in 2017-18, the data in the Safe Work Australia report refers only to the 107,335 serious claims where the compensated injury or disease resulted in one week or more off work.

Why does it take so long to finalise the data?  Figures are updated only once all the appropriate authorities have investigated the deaths and more accurate information becomes available. Only then does Safe Work Australia include the incident in their statistics and publish their final report.

 

Key Findings

  • 144 fatalities nationally
  • 75% of workplace fatalities came from Transport, Postal & Warehousing / Agriculture, Forestry & Fishing / Construction & Mining in 2017-18.
  • 107,335 serious claims resulting in one week or more off work
  • $11,300 median compensation paid per claim

Fatalities By State 2017-18Fatalaties By State 2018

 

Number of fatalities, by gender 2017-18.

 

Number of fatalities, by industry 2017-18.

 

Number of fatalities, by occupation 2017-18.

 

Serious claims overall statistics, 2017–18

Serious claims overall statistics, 2017–18

 

Serious claims by nature of injury disease, 2017–18

Serious claims by nature of injury disease, 2017–18p

 

Serious claims by occupation, 2017–18

Serious claims by occupation, 2017–18p

 

Serious claims by industry, 2017–18

Serious claims by industry 2017–18p

Sources: Safe Work Australia https://www.safeworkaustralia.gov.au/


© Commonwealth of Austr​alia.

Australian Bureau of statistics http://www.abs.gov.au/ausstats/abs@.nsf/mf/6324.0

Learn More About Our Foundational Safety Leadership Program

Focusing on shifting individual attitudes and mindsets regarding how safety is viewed in the workplace, this program also teaches new skills and knowledge to embed behaviour change at an individual and organisational level.

To find out how we can customise this program for your needs call us on 1300 453 555.

Want to learn how to manage subcontractors?

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.

Find out more by downloading the course outline below, contact us here or call us on 1300 453 555.

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Why sleep is your superpower

Why sleep is your superpower

Are you and your workers skimping on sleep?

It’s been proven that sleep deprivation not only means poorer performance, productivity and safety outcomes, but has an impact on our physical health.

Researchers found workers losing just 16 minutes of sleep (from the 7-9 hours a night recommended) showed a difference between a clear-headed day at work or one filled with distractions.

At the point of sleep deprivation (less than 6.5 hours a night) the likelihood of a workplace accident increases by 70%.

In this deep dive TED Talk into the science of slumber, Matt Walker shares the good things that happen when you get good sleep — and the alarmingly bad things that happen when you don’t (with some surprising insights for men) on both your brain and body.

This includes sleep’s impact on your learning, memory, immune system and even your genetic code — as well as some helpful tips for getting some shut-eye.

 


Sources

https://www.sciencedaily.com/releases/2019/04/190423133605.htm
https://www.americansafetycouncil.com/content/osha-10-safety/


Need to get your people focused on all aspects of safety?

Download the Safety Leadership Foundation Program course outline or call us on 1300 453 555.

Learn More About Our Foundational Safety Leadership Program

Focusing on shifting individual attitudes and mindsets regarding how safety is viewed in the workplace, this program also teaches new skills and knowledge to embed behaviour change at an individual and organisational level.

To find out how we can customise this program for your needs call us on 1300 453 555.

Want to transform your organisation's safety culture?

Download Course OutlinesSafety Dimensions offers accredited and non-accredited leadership training for leaders, safety professionals and employees to support organisations to effectively deal with safety performance challenges.

We can train anywhere in Australia and our programs can be customised for your workplace and industry. Download our program guide.

Call 1300 453 555 or email info@safetydimensions.com.au

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Subscribe Now! >>

What happens in an unsafe work environment? (Video)

What happens in an unsafe work environment? (Video)

In this brief video, Simon Sinek looks at what a psychologically safe work environment looks like and what happens to people when we don't create a safe place at work. People need to feel safe enough to share their honest feelings with the confidence that their bosses...

read more
Qantas safety video a trip down aviation memory lane

Qantas safety video a trip down aviation memory lane

The new Qantas in-flight safety video ‘A Century of Safety’ spans 10 decades and showcases some of the moments that have made Qantas the world’s safest airline. The video takes passengers on a trip down memory lane, recreating the aircraft , uniforms and music from...

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What Do Van Halen & Brown M&M’s Have To Do With Safety?

What Do Van Halen & Brown M&M’s Have To Do With Safety?

Van Halen’s Brown M&Ms – Their Key To Rock and Roll Safety

There’s a long tradition of musicians and actors adding in absurd demands in their performance contracts just because they could.

Van Halen, the American hair rock band of the 80’s were infamous for this inclusion in their contract, Article 126, “There will be no brown M&M’s in the backstage area, upon pain of forfeiture of the show, with full compensation.”

For years this clause was seen as a frivolous and ego-maniacal expression of the rock and roll lifestyle.

In his book, Crazy From the Heat, original front man David Lee Roth explains that the request was actually a quick safety assessment. With tonnes of stage equipment, high powered electronics, pyrotechnics and large crowds, the humble brown M&M was a warning signal to see if the stagehands had been paying attention to each detail of the written contract to ensure the safety of the band, crew and audience.

Watch the David Lee Roth speaking about the Van Halen Brown M&M clause:

Lee Roth writes:
“Van Halen was the first band to take huge productions into tertiary, third-level markets. We’d pull up with nine eighteen-wheeler trucks, full of gear, where the standard was three trucks, max. And there were many, many technical errors, whether it was the girders couldn’t support the weight, or the flooring would sink in, or the doors weren’t big enough to move the gear through. The contract rider read like a version of the Chinese Yellow Pages because there was so much equipment, and so many human beings to make it function.

mm1So just as a little test, in the technical aspect of the rider, it would say ‘Article 148: There will be fifteen amperage voltage sockets at twenty-foot spaces, evenly, providing nineteen amperes…’ And article number 126, in the middle of nowhere, was: ‘There will be no brown M&M’s in the backstage area, upon pain of forfeiture of the show, with full compensation.’

So I would walk backstage, if I saw brown M&M’s in that bowl…..well, line-check the entire production. Guaranteed you’re going to arrive at a technical error. They didn’t read the contract. Guaranteed you’d run into a problem. Sometimes it would threaten to just destroy the whole show. Something like, literally, life-threatening”

Dan and Chip Heath’s book, Decisive, How to make better decisions in life and work they summarise that “David Lee Roth was no diva; he was an operations master. In Van Halen’s world, a brown M&M was a tripwire.”

Image Credit: http://www.flickr.com/photos/clender/7239011350/

Ready to train your people in risk management, hazard identification and subcontractor management?

We have a range of programs to train your people in risk management, hazard identification  and subcontractor management which can be tailored specifically to your industry and organisational needs. Training can be delivered as individual modules or as part of one of our accredited programs.

You can see our full program suite here >> or see some relevant units below:

Risk Assessment & Hazard Identification

This program helps you identify and describe the difference between a hazard and a risk, and introduces a way of thinking about hazard identification and risk management as an everyday activity. 

It will also enhance the skills and capabilities of leaders in the areas of hazard identification, risk analysis and identification and how to implement appropriate risk controls.

Download the course outline>>

Subcontractor Management

Learn to effectively manage WHS site risks and performance by learning how to effectively select, manage and monitor the complex and difficult world of subcontractors.  It also covers the WHS obligations regarding subcontractors, stepping through the various stages of effective subcontractor management, including assessing, evaluating safety history, attitude and managing expectations of performance and reporting.

Download the course outline >>

BSB41415 Certificate IV in WHS

The BSB41415 Certificate IV in Work Health and Safety is a nationally accredited program which will teach you how to identify hazards in the workplace, assist with responding to incidents, assess and control risk and consult on work health and safety issues. This program is most suited to those in a Safety Officer or Health and Safety Representatives role, or those currently in leadership roles wishing to shift their career into Health and Safety.

Read more about this program >>

Want to find out more about how we can customise our programs to your industry and organisation?
Let's talk!
Call us on 1300 453 555, email info@safetydimensions.com.au or use our contact form here.

More from our blog

Safety programs needs hearts and minds to succeed

Safety programs needs hearts and minds to succeed

One of the most difficult things about creating a strong safety culture is engaging the hearts and minds of everyone in your organisation to take ownership of safety – regardless of their title or job function.

Even with excellent systems and processes and an understanding your legal obligations – as behavioural specialists – we know if people really don’t perceive their actions could cause harm, changing their behaviour is very hard.

In addition to great systems and processes, whether in the Learning and Development area or Safety, you need to focus on 4 areas to shift safety culture, or implement any change process. These are 4 vital areas that underpin any attempt to shift behaviour.

They are:

Without your organisation having these 4 areas working together to engage the hearts and minds of supervisors, managers and leaders – they will say the same thing over and over, and incidents will keep repeating over and over. Neglecting any of those 4 areas is at best case, a recipe for frustration and fear – and in the worst case could lead to injuries and potential fatalities.

Think about the statements below – are they being driven by Values, Beliefs, Mindset or Attitude?

  • It won’t happen to me?
  • It will be quicker to do it this way?
  • I will get in trouble if I stop
  • I’ve always done it this way
  • Wrap me in bubble wrap why don’t you
  • Someone else will handle what I just saw
  • Phew! close call but we got there

It’s almost guaranteed that if you have put all the tools and systems in place and you’re not getting improvements in your safety/ leadership culture or safety statistics – then it’s a failure for your organisation to engage Values + Beliefs + Mindset + Attitude.

There is also one more critical factor that supports this – role modelling.
If as a leader, you don’t embody the attributes that you want to see in your people and ‘walk the talk’ – changing others is impossible.

Thankfully shifting VBMA’s, (and therefore Hearts and Minds) doesn’t have to be difficult – it can be done en-masse with a well-structured training program.

It is because of this understanding we work with leaders on the Hearts and Minds before cascading any safety leadership program throughout an organisation.

To find out more about a bespoke Hearts and Minds program tailored to your organisation’s challenges and potential click contact us here.

Ready To Engage Hearts & Minds?

Learn More About Our Foundational Behavioral Safety Program

Focusing on shifting individual attitudes and mindsets regarding how safety is viewed in the workplace,
this program also teaches new skills and knowledge to embed behaviour change at an individual and organisational level.

Find out more and download the course outline below or call us on 1300 453 555.

More from our blog