Work fatalities, bereaved families and the enforcement of OHS legislation
- Publication Type:
- Journal Article
- Citation:
- Journal of Industrial Relations, 2019, 61 (5), pp. 637 - 656
- Issue Date:
- 2019-11-01
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| 0022185619829181.pdf | Published Version | 372.83 kB |
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© 2019, Australian Labour and Employment Relations Association (ALERA), SAGE Publications Ltd, Los Angeles, London, New Delhi, Singapore and Washington DC. 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.
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