Omission loopholes

In a recent discussion with the local HR Manager of a large multinational corporation I mentioned the quite serious and life-threatening unsafe work practices present in the factory.

Omission loopholes

In a recent discussion with the local HR Manager of a large multinational corporation I mentioned the quite serious and life-threatening unsafe work practices present in the factory. I was told that both local, national and international management were aware of the situation. The local factory was not unique and similar situations existed throughout its Australian (and possibly other countries) operations. Although aware of the risks involved senior management had made the decision that it was too hard and too expensive to remedy the problems. The attitude was probably summed up in her closing comment that nobody was forcing the workers to stay there and they were all free to leave and work elsewhere if they felt their safety was at risk. As a H&S professional I have encountered this type of management attitude all too often and it is these types of employers that legislation such as the Industrial Manslaughter Bill before the NSW Parliament is directed.

As contrary as it may appear, I do not support legislation such as the Industrial Manslaughter Bill. Not because I believe that such legislation is unfair to business but because it is just political posturing. Legislation is only as effective as its enforcement and no jurisdiction has made available the necessary resources backed by the necessary political will to effectively enforce existing H&S legislation so what’s the point of having any more? Current H&S legislation in all Australian jurisdictions already contain provisions for imprisonment and gradually the financial penalties for breaches are increasing (I still wonder at the priorities that see a company fined millions of dollars for price fixing or spilling a drum of some gunk into a creek but get away with a slap on the wrist should one or more of their employees get injured or killed as a result of managerial inaction). Making governments more accountable for the enforcement of current H&S laws would have been a more effective use of the energy and angst expended in attempts to gain passage of Industrial Manslaughter type legislation.

Generally management require some incentive to improve the H&S performance of their businesses and increasing the penalties for breaching the law in conjunction with an increased chance of being prosecuted certainly do this. Even more so when senior managers may have to carry the can rather than some poor bugger lower down the food chain claiming lack of intent to avoid their responsibilities.

– Dave Hughes, Company details withheld

I think a closer inspection of my last editorial will find were largely in agreement. I also believe you should report your experiences to WorkCover which may not take such a relaxed attitude to safety as your bosses.

– David Hovenden

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