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....
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....
This week Dr Rebecca Michalak wrote that penalties for breaches of occupational health and safety (OHS) laws need to be personal for people to understand the potentially fatal consequences at the work site or decisions that are made in the comfort of the boardroom. In this sentiment she echoes the aims of many who have …
Several of the articles in the Safety At Work special edition on Industrial Manslaughter mentioned in a previous post were from a July 2004 Building Trades Unions Conference at which Reverend Fred Nile, Katy Gallagher and John Della Bosca spoke. Below are some of the interesting quotes raised but before we reach them, in August 2004, …
In response to proven breaches of occupational health and safety laws, judges usually apply financial penalties to companies and individuals. These penalties, like all court-ordered punishments are to deter the offenders from re-offending but also to show others the consequences of their actions. But what if an insurance company would pay for that penalty in … Continue reading “Insurance over OHS prosecution hits the deterrence effect”
Prosecution for Industrial Manslaughter in Australia’s occupational health and safety (OHS) is supposed to deter employers from neglecting the health and safety of their workers, but there is very little evidence of effective deterrence from this type of penalty, or improved safety and healthy working conditions. Industrial manslaughter seems to have more of a marketing and …
Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available. They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed. A major purpose of any penalty is to deter harmful and damaging actions from being repeated. …
