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”
Last week, Maddocks law firm conducted an end-of-year summary of its workplace relations issues and a forecast for 2025. Occupational health and safety (OHS) are almost inseparable from industrial relations (IR), so the overlaps between the four or five topics discussed were enlightening and provided a good contrast to the information from other law sources....
One of the most important sources of information about occupational health and safety (OHS) is seminars organised by law firms. A great example was a webinar hosted by Herbert Smith Freehills on October 30, 2024, as part of its Safety Leadership Series. It was a general discussion on Australia’s most prominent OHS issues but outlined …
