Category: business

D/O liability insurance gets to England’s High Court

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, or to the organization(s) itself, to cover damages or defense costs in the event they suffer such losses as a result of a lawsuit for alleged wrongful acts while acting in their capacity as directors and officers for the organization.”

A decision by the High Court in England throws further light on the application of D&O.   Continue reading “D/O liability insurance gets to England’s High Court”

Finger amputation and arc flash burns

SafeWorkSA has issued media releases on 20 January 2010 concerning two recent decisions from the Industrial Relations Court.  The first of these will a situation of bypassing a machine guard that is all too familiar to OHS professionals –

“a pair of vice grips had been attached to the finger guard at the front of the press, restricting its full range of movement and allowing access to the main moving parts during operation”.

The plant was a Hallbank 40 Tonne Front Press and the operator, Karen Carter, was unfamiliar with the machine.  Prior to this hearing there was a dispute of facts hearing concerning who set up the press prior to the incident. Continue reading “Finger amputation and arc flash burns”

Getting safety promotion right

The Health & Safety Executive (HSE) has come in for a lot of “stick” over the last few years by seemingly over-reacting to OHS hazards.  In many cases, these reports have come from a misinterpretation of OHS rules and guidelines or a misunderstanding of the basic principles of safety.  In some cases it is simply a beat-up my England’s tabloid media.

However, this attitude to safety and the creation of a misperception of OHS has annoyed the HSE.  Below is a video that the HSE produced, going by the tone of the video, in response to the bad press.

The “Right People” campaign seems familiar to many other campaigns attempted around the world and the introduction depicting silly headlines shows that the HSE is think-skinned.

Much more successful is the HSE’s recent campaign about safety in farming.   Continue reading “Getting safety promotion right”

Update on New Zealand cool store explosion

On 15 December 2009, a New Zealand Court penalised two companies and a director with fines totalling over $NZ390,000 over an explosion in a coolstore that result in the death of one firefighter and injuries to others.  In the comments section of a previous blog article the following questions were put to the New Zealand Department of Labour (DoL).  Their responses are included below Continue reading “Update on New Zealand cool store explosion”

Do “enforceable undertakings” equal justice?

The issue of “enforceable undertakings” for breaches of OHS law receives an interesting interpretation in the Courier-Mail newspaper on 18 January 2010.  “Enforceable undertakings” are unfairly described as “plea bargains” but the article does provide some comparisons to support the argument.

The first example provided where a worker was left a paraplegic sounds like a plea bargain in that there was a negotiated “agreement to avoid being brought the courts” but more information is required.

The second, concerning the injury to patrons at the Sea World theme park, is treated too briefly and is likely to involve issues of public liability.  However the dollar comparison in this example may raise the need to ensure that any enforceable undertakings should be comparable in dollar value to the initial fine.   Continue reading “Do “enforceable undertakings” equal justice?”

CEO changes in Australian OHS

As safety professionals start to return to work in Australia after their Summer break, speculation for 2010 increases.

Many are wondering who will replace John Merritt as the executive Director of WorkSafe Victoria?  The appointment process is likely to take a couple of months but there are several possible candidates.

One could be Julia Davison of WorkCover South Australia.  On 15 January 2010 the chair of the WorkCover SA board, Philip Bentley, informed the IR Minister that Davison will be leaving her CEO position in mid-2010.  The timing is good. Continue reading “CEO changes in Australian OHS”

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