Originally Posted by
Car RAMROD
ok then. Let’s just say, for arguments sake, that you are a boss and I am an employee of you. Would you get angry at me for refusing to do a flight if I believed that the risk to myself was more than what you believed, and try to dictate that I do the flight or whatever just because you say it’s ok?
we all have different risk levels, I agree. But that does not mean that I should blindly follow what my employer tells me to do just because they say it’s ok.
if you, as boss, goes and crews the flight then I might (not will) be more willing to accept- but if the boss isn’t actively putting themselves in harms way, I sure as **** ain’t.
p.s- it hasn’t spread over continents? Really?
p.p.s I do realise “Coronavirus” is effectively another strain of the flu (I’m not a doctor, let’s not pick apart the nitty gritty of that statement). But this strain has so many unknowns. Is it an over-reaction on the worlds part? Maybe, maybe not. As I said before, we have our own level of risk we are willing to take.
Me, I’d personally like it to be an overreaction but at the same time I’m not willing to put myself at increased risk.
Now in Queensland, your boss would take a pretty good look into matters - as they are facing 20 years in the slammer. P.S. not just "the boss".
On 23 October 2017, industrial manslaughter provisions in the
Work Health and Safety Act 2011 (WHS Act),
Electrical Safety Act 2002 (ES Act), and
Safety in Recreational Water Activities Act 2011 (SRWA Act) commenced.
These provisions make it an offence for a person conducting a business or undertaking (PCBU), or a senior officer, to negligently cause the death of a worker. In particular, the offence applies if:
- a worker dies, or is injured and later dies, in the course of carrying out work for the business or undertaking (including during a work break); and
- the PCBU’s, or senior officer’s, conduct cause the death of the worker (i.e. the action or inaction of the PCBU, or senior officer, substantially contributes to the death); and
- the PCBU, or senior officer, is negligent about causing the death of the worker (i.e. the person’s action or inaction departs so far from the standard of care required).
Where a PCBU, or senior officer, commits industrial manslaughter, a maximum penalty of 20 years imprisonment for an individual, or $10M for a body corporate, applies.
Who is a PCBU?
For the purposes of the industrial manslaughter offence, a PCBU has the same meaning as applies under section 5 of the WHS Act or section 21 of the ES Act. For example, a PCBU can be a sole trader, a partnership, company, unincorporated association or government department.
Who is a senior officer?
A senior officer is:
- an executive officer of a corporation (i.e. a person who is concerned with, or takes part in, the corporation’s management); or
- for a non-corporation, the holder of an executive position who makes, or takes part in making, decisions affecting all, or a substantial part, of a PCBU’s functions.
The use of the term ‘senior officer’ for the industrial manslaughter offence is intended to capture individuals of the highest levels in an organisation (those who can create and influence safety management and culture at their workplace). The rationale for capturing these higher level officers is to ensure health and safety is managed as a cultural priority within organisations and to guarantee that safety standards are managed and supported from the top down.
Examples of senior officers may include:
- a director or secretary of a corporation
- Chief Executive Officers
- Chief Financial Officers or Chief Operations Officers
- General Counsel
- General Managers
- officeholders in a unincorporated association (i.e. a club president).
In determining whether you are a senior officer for the purposes of the industrial manslaughter offence, you should have regard to:
- your position in the company (i.e. are you in senior management?)
- your ability to take part in decisions which affect the company (i.e. can you decide how money will be spent or the strategic direction the company will take?)
- your ability to influence how resources are used and what procedures are necessary (i.e. do you have the ability to make decisions about how work health and safety will be managed?)
- your ability to make decisions (i.e. is your decision making subject to a further approval process or are you the final decision-maker?)
- your reporting structure (i.e. do you report directly to a board?)
- what is the extent of your domain? (i.e. do you head the largest division and is that division a core part of the business?)
- who are your direct reports (i.e. do you have oversight of high level general managers?).
These and other similar factors would be part of the consideration for determining whether you are a senior officer.