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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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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Labour Hire Inquiry submissions address OHS, sort of

The Victorian Government has concluded the public hearing section of its inquiry into Labour Hire. Industrial Relations Minister Natalie Hutchins has said in a media release that

“Evidence has been put to the inquiry suggesting widespread  underpayment of award wages, tax avoidance, nonpayment of superannuation, poor occupational health and safety practices, maltreatment of workers and backpackers on visas, and, in some instances, allegations of illegal conduct.”

This article focusses on the occupational health and safety (OHS) evidence provided through the

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Safety is the first agenda item but the last consideration

It is a common business activity to include Safety as an agenda item in all meetings.  This is intended to show that a company sees Safety as an integral component of all business decisions. But such an action can also be used to dismiss Safety by those who do not see it as related to production or the production program.

Some years ago I was an occupational health and safety (OHS) adviser for a client on a construction project. The project had Safety as the first item of business on the weekly progress meeting.  I was invited to attend and contribute.  The Project Manager opened the meeting, asked if anyone had a “Safety Share”, and then advised that the project had had no incidents in the previous week.

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Just Culture and Restorative Justice

Sometimes it is better to read Sidney Dekker than listen to him.  His presentation style is lively but his research and thoughts deserve more measured analysis than a conference or seminar presentation allows.  A recent research paper, “‘Just culture:’ Improving safety by achieving substantive, procedural and restorative justice“, shows the advantage of reading over watching.

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