University of Tasmania
Browse

File(s) under permanent embargo

Work fatalities, bereaved families and the enforcement of OHS legislation

journal contribution
posted on 2023-05-20, 10:29 authored by Matthews, LR, Johnstone, R, Quinlan, M, Rawlings-Way, O, Philip BohlePhilip Bohle
There has been considerable research and policy debate over the enforcement and decriminalization of occupational health and safety legislation, particularly regarding its capacity to deal with serious harm. Reference has been made to community attitudes to work fatalities, but the perspectives of those most directly affected, the bereaved families, have received little attention. Drawing on evidence from detailed interviews with 44 Australian family members, this article seeks to rectify this omission. Findings highlight the importance of investigative and prosecutorial processes to bereaved families who seek justice, some assurance that culpable behaviours are not condoned, and the implementation of measures to prevent a recurrence. However, reinforcing previous research critical of the degree of enforcement and advocating for a more readily implementable offence of industrial manslaughter, the vast majority of those interviewed were critical of the processes that occurred. Far from assisting, these processes generally left families very dissatisfied with their experiences.

History

Publication title

Journal of Industrial Relations

Volume

61

Issue

5

Pagination

637-656

ISSN

0022-1856

Department/School

TSBE

Publisher

Sage Publications Ltd.

Place of publication

United Kingdom

Rights statement

Copyright 2019 Australian Labour and Employment Relations Association (ALERA)

Repository Status

  • Restricted

Socio-economic Objectives

Workplace safety

Usage metrics

    University Of Tasmania

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC