Guilty ESSO
by Marcus Browning Victoria's unions have again taken up their demand for the introduction of industrial manslaughter laws following last week's verdict by a Victorian Supreme Court jury that Esso was guilty-as-charged of causing the explosion at its Longford plant on September 29, 1998. The disaster killed two workers, Peter Wilson and John Lowery, and injured eight others. The Court fined the company — owned by oil transnational Exxon-Mobil — $2.75 million in combined penalties. Esso had pleaded not guilty to the charges, which were brought under the Occupational Health and Safety Act. They included Esso's failure to: * conduct adequate hazard identification; maintain a safe plant and working environment; * train employees and supervisors in the provision of a safe response to specified events: * monitor conditions in the plant. "A monetary penalty is not enough", said Trades Hall Council Secretary, Leigh Hubbard. "That's why the industrial manslaughter legislation is absolutely vital, because it will take a few directors of companies to be pinged for industrial manslaughter before some of the boardrooms and executives will take this issue seriously." The Bracks' Government has previously committed itself to increasing penalties, including the introduction of the offence of industrial manslaughter. Under proposed legislation, fines would increase to $750,000 for companies found to be breaching safety provisions. For those found guilty of industrial manslaughter the fine would be $5 million and $2 million for negligently causing serious injury. Following the verdict Jim Ward, the Longford worker Esso accused in the 1999 Royal Commission of causing the disaster, said, "It is a shame that Esso chose to do what they did [shift the blame], and I think that's evident now. "Society knows the type of company they are, it knows how they treat their workers, and I think they've been condemned because of it." In an indication of the traumatic effect of the explosion and fireball on the Longford workers, Mr Ward said, "I can't talk about it in the past tense, because it's ongoing. It's been absolutely horrific." Unions, along with the lawyers representing businesses that were hit by the two-week shutdown of the state's gas supplies as result of the explosion, said the combined penalties were inadequate. Nonetheless, the Supreme Court verdict will strengthen the Longford workers' claims for compensation, which are due to be heard this month. A $1.4 billion class action by businesses will go ahead next year. In a statement welcoming the conviction of Esso, the Trades Hall Council noted that the Court's decision vindicated the Royal Commission findings — that the company had failed to provide and maintain a safe working environment — and that it was a potent warning to other employers who try to boost profits by sacrificing workplace heath and safety. "Despite Esso reporting increased profits in 1999-2000 to $784 million, it has tried to shift responsibility for health and safety since this devastating incident. The company has continually tried to blame others for the Longford disaster, including its own workforce. But now we have it confirmed yet again that the fault lies at the company's door. "The conviction also reminds us that WorkCover must be a more vigilant regulator of health and safety — it is not enough to let companies self regulate."