Category: enforcement

Miserable failures in OHS of labour hire workers

Two recent occupational health and safety (OHS) prosecutions in South Australia related to labour hire employees and providers indicate changes in enforcement approach and clues for change as they illustrate how some people and companies have almost no regard for the safety of its employees.

According to a SafeWorkSA media release dated 28 May 2016 (not available online at the time of writing):

“The Industrial Court convicted Queensland based labour hire company, Fix Force (Qld) Pty Ltd, and imposed a penalty of $150 000 plus court costs.

On 22 October 2012, Mr Clinton Benson, a contracted employee on the South Road Superway project, suffered life threatening injuries when his head was crushed between a lifting arm and welding table.

Following investigation by SafeWork SA, Fix Force (Qld) Pty Ltd was charged with offences under the then Occupational Health Safety and Welfare Act 1986 (SA), for failure to ensure its employee was safe from injury and risk to health whist at work, as far as was reasonably practicable.”

Continue reading “Miserable failures in OHS of labour hire workers”

Don’t kill anyone. Don’t seriously injure anyone.

Tooma 2016Michael Tooma (pictured right) has been a leading writer on occupational health and safety (OHS) law in Australia for some time.  He is one of the few labour lawyers who is not afraid to express an opinion although he has always spoken within the legal context.

Recently Tooma participated in a roadshow with

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Trade unions temper language on ABCC safety role

The politics of industrial relations will be a crucial element of Australia’s Federal election due later this year.  The Federal Government has already used workplace safety as a reason for the reintroduction of the Australian Building and Construction Commission (ABCC).  The trade union movement’s latest response is a campaign launched on April 10, 2016 accompanied by an online video. Continue reading “Trade unions temper language on ABCC safety role”

A new option for avoiding OHS obligations

cover of Deferred-Prosecution-Agreements-Discussion-PaperA major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations.  Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of options and mechanisms, such as enforceable undertakings, available to companies in order to avoid a prosecution or financial penalty.

A new prosecution option has recently gained the attention of the Australian Government and one with which OHS professionals should become familiar as it could spread into their field of operations.

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Red tape as a force for good?

“Red Tape” is often mentioned as a scourge on business growth and occupational health and safety (OHS) is frequently mentioned. But this week on Australian radio, red tape was described as a positive. It was a peculiar comment that should be noted in the red tape debate.

On ABC Radio’s AM program on 30 December 2015, in a discussion about vaccinations, Professor Raina MacIntyre, Head of the School of Public Health and Community Medicine at the University of New South Wales, stated: Continue reading “Red tape as a force for good?”

Submission on Labour Hire disappoints on OHS

cover of Ai_Group_LabourHireandInsecureWork__November 2015_Final2The public submission phase for the Victorian Government’s inquiry into labour hire and insecure work closed last week.  Public hearings have occurred this week and will continue in February 2016. One industry association, the Australian Industry Group has released its submission.  Its discussion  of occupational health and safety (OHS) of labour hire workers and suppliers is very disappointing.

Representing Members

The AiGroup says, in its submission that

“The interests of both groups [labour hire companies and users of labour hire], as well as the interests of the broader community, are best protected by ensuring that a competitive market is maintained for the provision of labour hire services, and that impediments to competition are removed.” (page 4)

It could be argued that the competitive market has allowed unscrupulous labour hire suppliers to succeed as they have been offering the cheapest labour.  These suppliers have succeeded, mostly, because there is a ready market for opportunities to maximise profit by reducing the legal rights of workers.  A competitive market may help fix the problem but it is also a problem that it helped create. Continue reading “Submission on Labour Hire disappoints on OHS”

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