Investigações e prevenção de homicídios em locais de trabalho na Austrália
Industrial Manslaughter at mass rally
Yesterday about 170,000 unionists took over the streets of Melbourne chanting 'Change the Rules!' Among the demands is the introductions of Industrial Manslaughter legislation - something supported by the Labor Party and the Greens, but not by the Coalition. Too many Australians, too many Victorians are killed in our workplaces - not in 'freak accidents' as too often claimed, but in incidents which with preventative actions would be almost always totally preventable.
Inquiry into Industrial deaths in Australia
As reported in last week's SafetyNet, the Senate committee inquiry into industrial deaths in Australia handed down its report and recommendations last Wednesday evening. The ACTU welcomed the findings of the Senate Inquiry which recommended amongst other things, the establishment of a national system of uniform Industrial Manslaughter laws to keep workers safe. The report: They never came home - the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia makes 34 recommendations which cover a wide number of areas, including:
the type of data collected by jurisdictions;
update the model WHS framework to cover precarious and non-standard working arrangements (including labour hire) to clarify the extent, scope and nature of the primary duty of care;
developmen of best practice guidelines for the conduct and duration of investigations of serious WHS law breaches, including workplace deaths;
introducing a nationally consistent industrial manslaughter offence into the model WHS laws, using the Queensland laws as a starting point;
amending the model WHS laws to provide for unions, injured workers and their families to bring prosecutions;
amending the model WHS laws to make it unlawful to insure against a fine, investigation costs or defence costs where they apply to an alleged breach of WHS legislation;
substantially improving support for families;
and more
"The families who have lost loved ones to preventable workplace fatalities have worked too hard and waited too long for us to allow this opportunity for change to pass us by," said ACTU President Michele O'Neil. "We urgently need national, uniform industrial manslaughter laws."
ACTU Assistant Secretary Michael Borowick, who was in Canberra with bereaved families when the report was released, said "Everyone has the right to come home safe from work but every year hundreds of people don't, and in some cases that is because of the disgraceful actions of reckless employers who can't be held to full account due to the limitations of the legal and regulatory framework. We have to change the rules to ensure that workers are safe and that employers do everything they can to ensure that no more families are destroyed by deaths in the workplace."
The recommendations can be accessed separately here, as can each of the chapters of the report from this page. Read more: ACTU Media release; Full Report [pdf] WIN news report and video
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