Attacks on bus drivers are rising and that can’t go on
IT’S an increasingly hazardous occupation so bus drivers deserve a safe workplace but it’s clear that only legislation can deliver the necessary protection, writes Chris Lowe.
Opinion
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BUS driving is an increasingly hazardous occupation. The number of assaults on bus drivers has risen from six in 2008 to 33in 2016.
Assaults on bus drivers by passengers include verbal abuse and swearing, spitting and hitting the driver, usually after the driver requests the passenger to pay their fare.
As a result, there are many implications for drivers, as well as the travelling public forced to witness such anti-social behaviour.
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Assaults can result in a range of problems, including anxiety, stress, depression, and post-traumatic stress disorder for both drivers and passengers, increased use of alcohol and drugs, increased workers’ compensation claims and personal and property claims from passengers.
There is also increased on-road accident rates, work absenteeism, staff turnover and a reduction in the quality of service, resulting in reduced patronage as negative incidents discourage bus or public transport use in general.
The Victorian government and employer and employee groups have been working on reactive and proactive measures to minimise these assaults on bus drivers over the years, and various initiatives have been employed, including the retrofitting of safety security screens on buses and a greater PSO presence on the network.
However various requests to legislate for tougher penalties for those who assault bus drivers have been repeatedly rejected by Victoria’s Attorney-General. This is despite the fact that many other states in Australia and around the world have introduced legislation to act as a stronger deterrent against assaults on bus drivers.
The economic and human cost of health, well-being and safety in Australia is high. On average, six working days of productivity are lost per year per employee due to stress-related presenteeism and absenteeism, with estimated costs to the Australian economy of $14.81 billion per year and to employers of $10.11 billion a year.
Today, it is the law for all Australian employers and workplaces to provide a healthy and safe work environment, free from physical and psychological harm. The government, itself, is in the chain of responsibility in relation to assaults on bus drivers. Thus, it is clear that legislation is needed to work against this increase in assaults on bus drivers.
The (Victorian) Crimes and Sentencing Amendment (Bus Drivers) Bill 2018 as proposed on September 4 does just that. The Bill amends the Sentencing Act to introduce statutory minimum sentences for offenders who murder, cause injury or serious injury to bus drivers in the course of them performing their duties.
The Bill requires a term of imprisonment to be imposed and the following minimum non-parole periods to be fixed by a court: 30 years for the murder of a bus driver; five years for the offences of intentionally or recklessly causing serious injury in circumstances of gross violence; three years for the offence of intentionally causing serious injury; and two years for the offence of recklessly causing serious injury. The Bill also introduces a six-month sentence of imprisonment for the offences of intentionally or recklessly causing injury.
Given the significant impact of increased violence on bus drivers and the risks to community safety of violent actions and threats on buses, the Bill strikes a fair balance between the rights of the individual and the protection of a class of at-risk employees undertaking duties on behalf of the public.
It should be clear that the Bill deserves the support of all sides of politics — without delay.
DR CHRIS LOWE IS THE EXECUTIVE DIRECTOR OF THE BUS ASSOCIATION VICTORIA
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