Canberra Hospital demolition deserves a unified safety story

It is the twentieth anniversary of the explosive demolition of the Canberra Hospital.  The demolition was meant to be an implosion but instead debris scatter well outside the designated safety zone resulting in the death of one person and injuries to nine.  Such events are significant at the time but fade from memory until anniversaries are noted, however, there are important occupational health and safety (OHS) lessons from such incidents which do not have the drama of a Piper Alpha or a Challenger but are nevertheless as instructive.

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WorkSafeNZ’s investigation into cut throats identifies important safety lessons

Following a recent article about Enforceable Undertakings, several readers have asked for more information about the occupational health and safety (OHS) breaches that cause WorkSafe New Zealand to commence prosecution actions.

The investigation report provides some useful discussion on safety management failures and Board of Trustee obligations.

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Will we ever get to see Victoria’s latest OHS review?

The Victorian (Labor) Government promised a review of WorkSafe Victoria’s enforcement policies in its 2014 campaign pledges as per the quote below.  The independent occupational health and safety (OHS) review was conducted in 2016 with a lot of public submissions.  The review’s final report was presented to the Victorian Minister for Finance, Robin Scott in December 2016.  Everything has been quiet since. Continue reading “Will we ever get to see Victoria’s latest OHS review?”

A new media strategy is required to support the aims of enforceable undertakings

Enforceable Undertakings (EU) are a relatively new phenomenon in the occupational health and safety (OHS) world.  They are, fundamentally, a legal process that allows organisations to avoid a prosecution for breaching OHS laws.  The issue has garnered some attention recently due to application of an EU to a New Zealand school after two student actors received cuts to their throats, one on the opening night of a school production of Sweeney Todd.  The Enforceable Undertaking will result in big safety changes at St Kentigern School but there are several assumptions that weaken the impact of an EU.

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Safety in licencing is not limited to fishing

On 26 May 2017, NT WorkSafe announced that Austral Fisheries Pty Ltd was charged over health and safety breaches that resulted in the electrocution of Ryan Donoghue.  Enforcement of occupational health and safety breaches should be welcomed but Donoghue died in 2013!  Why so long?

NT WorkSafe regret the delay:

“The location of the vessel meant the Australian Maritime Safety Authority, Workplace Health and Safety Queensland and NT WorkSafe potentially had jurisdiction to investigate.”

“The preliminary findings from our investigation were handed to Workplace Health and Safety Queensland after we received legal advice that they had jurisdiction,” Mr Gelding [Executive Director of NT WorkSafe] said.

Workplace Health and Safety Queensland completed their investigation on 3 March 2015 and decided not to prosecute. The Northern Territory Coroner held an inquest into the accident in April 2016 and referred the matter to NT WorkSafe for consideration.

Why so long? Jurisdictional arguments and enforcement variation.  But didn’t Australia establish a National Compliance and Enforcement Policy in 2011?   Yep,

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Analysis of the WorkSafe Legislation Amendment Bill raises concerns

Several readers have expressed curiosity over the WorkSafe Legislative Amendment Bill currently in the Victorian Parliament and mentioned by lawyer Steve Bell last week.  Bell pointed to a couple of issues in the Bill and gave the impression that the Bill was aimed at tidying up some administration.  Several of the issues raised in the Bill deserve contemplation.

The Bill is still not through Parliament.  The next stage of the process will occur on April 5, 2017 but the Minster’s

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For What Steve Bell Tells – OHS issues for 2017

Steve Bell is a partner with Hebert Smith Freehills (HSF) in Melbourne, Australia.  As many law firms do, HSF conducts several events each year to inform clients and others of occupational health and safety (OHS) and labour relations issues.  In March 2017 Bell, who is the regular host at these events, spoke at a breakfast seminar held jointly with the Safety Institute of Australia, and identified several safety issues as becoming prominent in 2017:

  • Increased penalties
  • The risk of complacency
  • Increased interplay between OHS and industrial relations
  • Focus on public safety elements of OHS
  • the review of regulations.

Below are some thoughts on the issues raised by Steve Bell.

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