In 2017 the Queensland Government was advised to prohibit business insurance products that cover the costs associated with financial penalties that may occur after a successful prosecution of a breach of work health and safety (WHS) laws. This recommendation (page 47) was one of only two that were not accepted by the government and which were …
The latest edition of The National Research Centre for Occupational Health and Safety Regulation’s newsletter lists two new working papers, one from Andrew Hopkins and one from Neil Foster. Both should be obligatory reading. Hopkins discusses how to increase the value of the “management walk-arounds” an increasingly common key performance indicator for senior executives. Hopkins, … Continue reading “Managerial OHS walk-arounds and D&O liabilities”
Insurance policies for directors and officers (D&O) liabilities have yet to gain much application in terms of occupational health and safety penalties. But D&O insurance policies are in Australia and are established in other countries. According to Wikipedia: “Directors and Officers Liability Insurance (often called D&O) is liability insurance payable to the directors and officers of a company, … Continue reading “D/O liability insurance gets to England’s High Court”
Earlier this month, SAI Global issued a media release headlined “1 in 2 organisations don’t meet State industrial manslaughter laws, new executive survey finds – Plus, seven tips for executives to prepare their organisation to meet the laws” This was based on internal research compiled in their “2021 Australian BusinessAssurance Report” (not publicly available). SAI …
Recently the West Australian Department of Corrections was prosecuted over the work-related death of an inmate. It was fined $100,000 plus costs over the death of a remand prisoner crushed between a truck and a wall at Hakea Prison in 2015. The WorkSafe WA media release provides a level of detail rare in these sorts of incidents …
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”
Neil Foster of the University of Newcastle is known to SafetyAtWorkBlog for his work looking at the legal liabilities of company directors and officers. Recently Foster released a paper called “You can’t do that! Directors insuring against criminal WHS penalties” which provides an additional legal context to an earlier blog article. Foster acknowledges that “…provisions of the criminal law imposing personal … Continue reading “Insurance may diminish a director’s commitment to their positive OHS duty”