Category: enforcement

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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Safe Driving affected by leadership

New Australian research into work-related driving shows how organisations mishandle the risks.  The first paragraph of the research clearly shows the significance of the hazard:

“Road traffic injury is the leading cause of work-related death in Australia. It has been estimated that one-third of all work-related deaths occur while driving for work purposes.  This emerging public health issue is not unique to Australia, with work-related traffic deaths estimated to account for 22% of work fatalities in the United States and 16% in New Zealand.  Despite this, many organisations employing individuals to drive a vehicle as part of their work are unaware of the factors that may act to reduce work-related traffic injury and deaths.”

This research illustrates the need to integrate the functions of Occupational Health and Safety (OHS) professionals, Risk Managers and Fleet Managers within organisations and across government agencies to address a significant public health issues in a more effective manner.

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US says “nothing to see here, move along”

The United States media continues to scrutinise the Department of Labor (DoL).  On March 13 2017, The New York Times (NYT) expressed concerns about the lack of official media releases from the department, comparing the actions under a Trump administration against the Obama occupational health and safety (OHS) strategy.  Some are claiming this to be a deliberate strategy but, until the Labor Secretary is confirmed, it may simply be caution.  Such an apparently simple action can have broader effects on OHS management, as Australia learnt. Continue reading “US says “nothing to see here, move along””

USA joins the red tape review rollercoaster

Melania Trump plagiarised a Michelle Obama speech.  Following the signing of an Executive Order to reform regulations, perhaps President Trump could echo these words from a similarly-themed Executive Order of President Bill Clinton in 1993:

“The American people deserve a regulatory system that works for them, not against them: a regulatory system that protects and improves their health, safety, environment, and well-being and improves the performance of the economy without imposing unacceptable or unreasonable costs on society: – regulatory policies that recognize that the private sector and private markets are the best engine for economic growth: regulatory approaches that respect the role of State, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such a regulatory system today”

President Trump has set the United States bureaucracy a task that has already been undertaken by the

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