Questionable deterrence value in Industrial Manslaughter penalties

New South Wales is the latest Australian jurisdiction to introduce a penalty for Industrial Manslaughter (IM) in its occupational health and safety (OHS) laws. One of the primary aims of significant penalties like IM is to deter others from making similar negligent decisions related to workplace health and safety. But deterrence is a fickle beast....

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Duty of Care and Love in OHS

Occupational health and safety (OHS) has long been stripped of emotion through an emphasis on evidence, finances, compliance, objectivity, rationality, auditing and key performance indicators. The tide is turning slightly with increased attention on mental health, respect, psychosocial factors, and regaining a professional humanity. This OHS approach remains on the fringes of OHS as the …

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Rebuilding the “Duty TO Care”

Decades ago, the occupational health and safety (OHS) conferences had speakers regularly urging us to focus on the “H” in OHS. The “H” was often “Health”, but it was also the “Human”. OHS professionals have long acknowledged that the profession, and the OHS regulators, focussed for too long on traumatic physical injuries and less on …

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Cooperation, duty of care, jail, death and a simple message

The details of the death of disabled woman Ann Marie Smith are horrific. (Readers can look them up online but be warned that they are confronting) Last week the South Australian police (SAPol) charged two directors of Integrity Care SA, Amy June Collins and Alison Maree Virgo, and the company itself with criminal neglect causing …

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Lindstrom, Common Sense and OHS

I found Martin Lindstrom’s latest book, The Ministry of Common Sense, very funny, then anger replaced funny and I had to put down the book and come back to it later. The book is excellent but all the examples of corporate nonsense that Lindstrom provides can be overwhelming. It also contains dozens of examples that …

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