The Hazelwood Mine Fire had no direct impacts on people other than those living in Victoria’s Latrobe
Valley. Unlike many disasters, no workers died as a direct result of the fire. However the community impacts were severe and according to the Victorian Government’s second volume report released in early December 2015, the mine fire contributed to fatalities in the valley. It is possible that one set of possible prosecutions against the mine’s owner, Engie (formerly GDF Suez), could, and should, involve an occupational health and safety (OHS) prosecution.
According to the media release from the government:
“It is likely there was an increase in deaths in the Latrobe Valley between February and June 2014 when compared with the same period during 2009-2013.
It is likely that the Hazelwood Mine Fire contributed to some of the increase in deaths in the Latrobe Valley in 2014.”
A major principle of occupational health and safety (OHS) is that the employer has the major duty to the health, safety and welfare of its workers. However, Section 23 of the Victorian OHS Act 2004 states:
“An employer must ensure, so far as is reasonably practicable, that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer.” (emphasis added)
There will be many legal reasons around which Engie could contest its OHS obligations to the people of the Latrobe Valley but the findings of the government report increases the seriousness of the breach of the company’s OHS duties.
An earlier SafetyAtWorkBlog article on a book about the mine fire’s social impacts provides some useful statements from GDF Suez representatives about its obligations to workers. The latest report adds a different context to some of those comments.
Questions can be asked about the OHS regulator’s plans for prosecuting the company given the death rate findings in the latest inquiry report should change the evaluation of reasonably practicable actions. WorkSafe Victoria seems to have a policy of not instigating prosecutions unless there is a very high likelihood of winning. It would seem that the Hazelwood Mine Fire Inquiry has generated sufficient evidence for WorkSafe to proceed with a prosecution, and a prosecution on several OHS matters.
The Hazelwood Mine Fire is an interesting case in Australia of a safety failure increasing the health risks to a large local community and being linked to an increased death rate. How WorkSafe Victoria responds will be interesting.
Filed under: accountability, business, chemicals, community, death, disaster, due diligence, Duty of Care, environment, evidence, government, law, OHS, politics, safety, WorkSafe
