Christopher Cassiniti’s story is tragic on many levels. 18 years old, first construction job, Mum is running the tuckshop onsite, dead in a scaffold collapse in April 2019 at Macquarie Park (a site I know very well, more below), an incident for which the construction company, Ganellen, has pleaded guilty and has been fined less …
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 …
In late July 2018, the Victorian Auditor-General Office (VAGO) released a report into the insurance risks of several Victorian local councils. It is reasonable to expect the costs of workers’ compensation insurance to be addressed in the report but this was not the case. Although it is clearly an insurance product, the Auditor-General excluded workers’ …
In all of the discussion about the new industrial manslaughter laws in Queensland, the topic of directors and officers liability insurance has been overlooked. As mentioned in an earlier article “….the Queensland Government has promised to ban insurance products that pay occupational health and safety (OHS) penalties imposed against employers.”...
Innes Willox of the Australian Industry Group is a well-established figure in Australia’s political and industrial landscape. As such he was a good choice to be the first speaker at a small safety conference in Melbourne Australia. The best speakers about workplace safety are often those who do not speak about safety but those who …
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”
