Category: due diligence

“…the system isn’t broken. It was built this way” – Grenfell Tower and OHS

The inquiry report into the Grenfell Tower fire has yet to be seriously considered from the other side of the world. However, the report is being mentioned in Australia’s emergency services and fire sectors.  The inquiry has been thoroughly followed and analysed in the United Kingdom, and many excellent summaries have been published in newspapers, books, and podcasts. Australia’s cladding debate has not been to the same extent as the UK. Still, the UK’s structures, policies, processes, business ethics and neglect are certainly mirrored in Australia, which directly impacts how workplace health and safety operates here.

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ESG and OHS

Recently, Herbert Smith Freehills (HSF) conducted a seminar on internal workplace investigations and ESG (Environmental, Social, and Governance) frameworks. Occupational health and safety (OHS) seems to be gaining more attention as an ESG element, but it must compete with so many other elements that it may always be seen as a side issue.

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New international standard for evaluating OHS performance

On February 13th, 2024, the International Technical Committee (ISO TC 283) responsible for the design and development of ISO 45004:2024 OH&S Performance Evaluation reported that the Final Draft International Standard (FDIS) ballot yielded 54/55 supporting votes, equating to a very strong 98% international ballot approval.

ISO 45004:2024 is intended to help organisations to effectively monitor, measure, analyse and evaluate occupational health and safety (OHS) performance. OHS performance evaluation includes the organisation’s processes to assess the adequacy of activities expected to achieve intended results. OHS performance is normally evaluated using a combination of processes and sources of information such as incident investigations, inspections, audits, qualitative and quantitative indicators, culture surveys and interviews.

The new standard was published last week.

{The is a guest post by David Solomon; details are below. Some grammar changes have been applied, and hyperlinks added by SafetyAtWorkBlog]

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A transport court case relevant to all managers and employers

In November 2023, Australia’s National Heavy Vehicle Regulator released a “case learning” about a successful prosecution and sentence that the NHVR described as

“One of the most serious examples of a breach under the HVNL [Heavy Vehicle National Laws]”

The seriousness of the breach is perhaps reflected in the fine of A$2.3 million.

It is a significant case and a prosecution with lessons for managers and employers well outside the transport sector. In fact, the NHVR’s “Key takeaways for executives” could form the basis of a solid and productive business management system.

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Tough Treatment for Asbestos Contamination and Thyssen Krupp’s Exit Plan

It’s been years since I have seen anything in the Australian press about companies or individuals being penalised for asbestos contamination. That despite workers telling me since being back in Australia, they have suspected asbestos when demolishing older domestic, cultural and industrial structures or even while digging shallow excavations in preparation for construction or mining.

It seems like Australian fashion for deregulation may have bitten into OHS.

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OHS lawyer says to trust your gut

Occupational health and safety (OHS) seminars can be a bit hit-and-miss. Sometimes they seem to be a front for promoting a new management program, but every so often, the information offered is perceptive and rewarding. Herbert Smith Freehills partner Steve Bell has been consistently rewarding over many years. No quoting Section 321 of an OHS Act or PowerPoint slide of obscure and semi-important court cases here. His latest seminar appearance covered

  • Due Diligence,
  • Industrial Manslaughter,
  • Psychosocial Risk Assessments
  • OHS Harmonisation.
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Pressure on local government over procurement and OHS

On a chilly night in Ballarat, over a hundred people gathered outside the Town Hall, within which the City Council was meeting, to let the Council know that the awarding of millions of dollars of ratepayers’ money to a local company that admitted to breaching occupational health and safety (OHS) laws and that led to the deaths of two local workers was not acceptable.

The event seem coordinated by the local Trades Hall Council, for the usual inflatable rat and fat cat were next to the ute, which was blasting out protest songs. Almost all the speakers were trade unionists, although one was Andy Meddick from the Animal Justice Party. The protest may not have achieved the changes that many speakers called for, but as is the case with these types of events, Council has given some ground with a likely review of the OHS procurement criteria.

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