Legal Professional Privilege is the OHS equivalent of the Non-Disclosure Agreement

Pam Gurner-Hall is no stranger to this blog. Recently she appeared in an article by the Australian Broadcasting Corporation (ABC) about access to information from South Australia’s occupational health and safety (OHS) regulator, SafeWorkSA. SafeWorkSA has been under considerable scrutiny for the last few years. A “root and branch” review conducted by John Merritt is …

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Legal Professional Privilege – the snake in safety

Part of good corporate governance is transparency.  A core element of occupational health and safety (OHS) is effective consultation.  These two business practices seem compatible in that they address what is good for business and what is good for the workers.  But there is a snake in this garden of safety – Legal Professional Privilege …

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Legal professional privilege and safety management

The Safety Institute‘s OHS Professional magazine for December 2009 included an article (originally published in an OHS newsletter from Piper Alderman for those non-SIA members) about the application of legal professional privilege using a New South Wales Industrial Relations Commission decision as its basis (Nicholson v Waco KwikForm Limited).  The case received considerable attention by OHS law firms.

Professional sportspeople are workers, so make them safe

There is no doubt that football fields are the workplaces of professional football players and their support staff. So they are covered by occupational health and safety (OHS) and/or work health and safety (WHS) laws but what does this mean in relation to OHS regulators, and the sportspeople’s employers? Recently Eric Windholz looked at this …

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ESG and OHS

Recently, Herbert Smith Freehills (HSF) conducted a seminar on internal workplace investigations and ESG (Environmental, Social, and Governance) frameworks. Occupational health and safety (OHS) seems to be gaining more attention as an ESG element, but it must compete with so many other elements that it may always be seen as a side issue....

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WorkSafe Tasmania is not cooperating

In December 2021, five children died, and others were injured when an inflatable jumping castle lifted into the air after a strong gust of wind. WorkSafe Tasmania continues to investigate the incident, as is the Tasmanian Coroner. Recently the Coroner postponed the inquest because WorkSafe would not provide documents essential to the process, prolonging the …

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Should a company that killed two workers receive a $2 million government contract?

In November last year, Pipecon was found guilty of breaching its occupational health and safety (OHS) duties concerning the deaths of two of the company’s workers in and from a trench collapse. An offence to which the company pleaded guilty. (Details of the incident and prosecution can be found HERE – search for Pipecon). The …

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