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Workers Call For Industrial Manslaughter Law Following Death

24 October 2003

Pressure is mounting on the NSW Government to introduce industrial manslaughter legislation with thousands of workers rallying across the state on Monday, October 27. The Sydney rally will be addressed by Sue Exner, mother of 16 year old Joel Exner, who was tragically killed on a building site at Eastern Creek on October 15.

Joel's death has galvanised unions into calling for changes to the law to protect worker's lives and hold to account those employers who place profits before safety.

"Joel was killed as a result of his boss cutting corners to maximise profits," says Andrew Ferguson, state secretary of the Construction, Forestry, Mining and Energy Union (CFMEU). "This is not an accident - it is most clearly manslaughter; a young worker unnecessarily killed."

Joel died as a result of a 12-metre fall that could have been avoided had the employer, Garry Denson Metal Roofing Pty Ltd, taken adequate safety measures. Joel's employer was subcontracting at the site to principal contractor Australand, who had repeatedly been asked by the site's safety committee to address safety concerns on their sites.

The concerns were so strong that the safety committee had put its concerns in writing.

The death of Joel has lead to calls from the CEPU Plumbing Division for an extensive safety induction-training course for any worker under 18 commencing work in the building industry. Joel Exner had been at work just three days prior to his death and received no safety induction.

Hundreds of mourners attended last Thursday's funeral for Joel Exner, while members of the Rail Tram and Bus Union stopped work for a minute in memory of the popular Blacktown teenager.

"This will impact not only on the family, but on the whole community," said Andrew Ferguson after attending the funeral.

The NSW Labor Council has endorsed rallies set down for Monday October 27 that will call for industrial manslaughter legislation to be introduced in NSW.

"We need stronger laws to send out a powerful message to employers that if you do breach your obligations, and that does result in death, then the full force of the law will be trained on you," says NSW Labor Council secretary John Robertson.

It is unacceptable in this day and age to have one worker jilled every week.

Once the boss knows they might be thrown in the slammer its more likely there going to be more focussed on ensuring that incidents like this don't occur.

My preference is that no one goes to gaol because the fact that the law's introduced is sufficient to change the behaviour of employers. These sorts of laws are not about throwing employers in gaol, they are about changing behaviour patterns of shonky, negligent employers.

Justice For Joel - Safety Rallies

In Sydney workers will be rallying at Town Hall Square from 11am on Monday, October 27. There will also be rallies held at the same time on the Central Coast at Gosford on the corner of Baker Street and Georgiana Terrace; in the Wollongong, at the amphitheatre in the City Mall; and in the ground floor meeting room at the Newcastle Trades Hall.

The families of workers killed in the workplace will be meeting prior to the rallies at 10am on Monday October 27 at the CFMEU Office, 15 Wentworth Avenue in the city. These families will be leading the Sydney rally.



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