The latest edition of Creighton & Stewart’s Labour Law book (7th edition) has been released. I say “book”, but it is almost a brick, weighing in on my scales at 1.8 kilograms (see photo below). The book is excellent and probably authoritative, with the primary negative being its size and format. This article focuses on the 79-page occupational health and safety (OHS) chapter written by Richard Johnstone.
At the end of February 2025, a farmer in England was jailed for 12 months following a successful prosecution by the Health and Safety Executive. In 2022, the farmer, Neil Speakman, drove over his three-year-old son, Albie, in a telehandler that Speakman was not qualified to use and had restricted visibility. Speakman was jailed after he failed to ensure the health and safety of his son.
If this type of incident had happened in Australia, it is uncertain whether a farmer would receive a custodial sentence because the community may feel that the farmer and their family would have “been punished enough” by the loss of their child. Why can England do what Australia resists?
Last week, the Victorian Coroner, Leveasque Peterson, released her findings into the deaths of Charlie Howkins and Jack Brownlee from a trench collapse on a residential construction site in Delacombe in March 2018. The employer, Pipecon, pleaded guilty to occupational health and safety (OHS) law breaches and was successfully prosecuted by WorkSafe Victoria. But the guilty plea meant there was only a cursory investigation of the OHS elements of the incident.
This month’s coronial findings have come without the opportunities offered by a formal inquest. So, where are the answers? What management decisions caused the trench to collapse and lead to the deaths of Jack and Charlie? The available answers seem insufficient. What lessons can be drawn from these legal processes to stop similar incidents occurring elsewhere?
One of the most important sources of information about occupational health and safety (OHS) is seminars organised by law firms. A great example was a webinar hosted by Herbert Smith Freehills on October 30, 2024, as part of its Safety Leadership Series. It was a general discussion on Australia’s most prominent OHS issues but outlined increasingly significant consequences.
Tasmanian politicians recently discussed Industrial Manslaughter laws in Parliament. As with similar debates in other jurisdictions, occupational health and safety (OHS) appears to justify these amendments, but the OHS principle of preventing harm is rarely discussed. Deterrence? Yes, but Prevention? Not really.
Most of the Australian occupational health and safety (OHS) regulators have released their calendars of events for October. There are many invaluable events, especially for those in small- to medium-sized businesses or who have been delegated as “responsible” for OHS in those companies. There are several special events and symposiums for those of working in OHS full time, but here are three themes that I would like to see discussed during the 2024 National Safe Work Month?
Continue reading ““How can I make my workers safer?””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.
