A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Tough Treatment for Asbestos Contamination and Thyssen Krupp’s Exit Plan

It’s been years since I have seen anything in the Australian press about companies or individuals being penalised for asbestos contamination. That despite workers telling me since being back in Australia, they have suspected asbestos when demolishing older domestic, cultural and industrial structures or even while digging shallow excavations in preparation for construction or mining.

It seems like Australian fashion for deregulation may have bitten into OHS.

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OHS lawyer says to trust your gut

Occupational health and safety (OHS) seminars can be a bit hit-and-miss. Sometimes they seem to be a front for promoting a new management program, but every so often, the information offered is perceptive and rewarding. Herbert Smith Freehills partner Steve Bell has been consistently rewarding over many years. No quoting Section 321 of an OHS Act or PowerPoint slide of obscure and semi-important court cases here. His latest seminar appearance covered

  • Due Diligence,
  • Industrial Manslaughter,
  • Psychosocial Risk Assessments
  • OHS Harmonisation.
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Pressure on local government over procurement and OHS

On a chilly night in Ballarat, over a hundred people gathered outside the Town Hall, within which the City Council was meeting, to let the Council know that the awarding of millions of dollars of ratepayers’ money to a local company that admitted to breaching occupational health and safety (OHS) laws and that led to the deaths of two local workers was not acceptable.

The event seem coordinated by the local Trades Hall Council, for the usual inflatable rat and fat cat were next to the ute, which was blasting out protest songs. Almost all the speakers were trade unionists, although one was Andy Meddick from the Animal Justice Party. The protest may not have achieved the changes that many speakers called for, but as is the case with these types of events, Council has given some ground with a likely review of the OHS procurement criteria.

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To achieve OHS progress, we need to understand Deterrence, and its failures

Deterrence has always been a major aim of enforcing occupational health and safety (OHS) laws and prosecuting wrongdoers. But the legal system and medical coverage have become so convoluted that the deterrent potential has declined.

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Update on the status of national psychologically healthy workplace regulations

The Australian Chamber of Commerce and Industry’s Jennifer Low appeared on a recent episode of the Psych Health and Safety Podcast and, as a member of the Safe Work Australia (SWA), was able to provide an update on the new psychosocial regulations section, which is to be inserted into the Model Work Health and Safety Laws this year.

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Expand “Safety Differently” to “Work Differently”

Occupational health and safety is as much at risk of hypocrisy as any other business element. Perhaps moreso as it is full of trite cliches. Many people find it easier to identify hypocrisy when it is shown by others and Australian media company SBS provided an example recently.

According to an article in The Age newspaper on June 26, 2002 (not yet available online, image below), SBS had commissioned an independent production company, Fell Swoop Pictures, to produce a series about the exploitation of food delivery gig workers. This is a legitimate topic for depiction, especially after five food delivery workers were killed in Australia recently over a short period of time. The income levels of this type of worker have been a feature of many of the concerns raised by trade unions and others, and that has been highlighted in several formal inquiries into the industry sector.

Sadly Fell Swoop Pictures promoted the opportunity to be an Extra in a series about exploitation without the Extras being paid!!

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