Category: law

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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Australia’s ABCC argument is not about safety

Australia’s Prime Minister Malcolm Turnbull is on a pathway to an election.  On March 21 2016, the Prime Minister wrote to the Governor-General to continue a convoluted process sparked by the Senate’s refusal to pass laws that will allow the reintroduction of the Australian Building and Construction Commission (ABCC).  One of the justifications for the need to pass the laws is to improve workplace safety, as in the excerpt below for the Prime Minsiter’s letter.  This position is unjustified.

Turnbull safety GG

Continue reading “Australia’s ABCC argument is not about safety”

OHS is not broken but does need attention

Recently an article was posted on SHPOnline called “Health and safety needs a re-brand“.  The article by Anna Keen ties in with the Safety Differently or Safety 1-Safety 2 movements but needs to be considered carefully.

The street interviews were conducted in England where occupational health and safety (OHS) has undergone such a slagging off by the tabloid media that the Health and Safety Executive had to devote resources to countering the misrepresentation of OHS.  This misrepresentation has been occurring since the mid-2000s.  The video in the article is conformation of the success of the tabloid media outrage that even led to a pathetic attempt at comedy at OHS’s expense.

OHS, particularly in the United Kingdom but less so in Australia, has a perception problem which is clear from the video but will re-branding be enough?  

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Victoria increases OHS penalty three-fold

Victoria’s occupational health and safety (OHS) strategy has been in a bit of a mess since the previous (conservative) government opted out of the harmonised work health and safety law process and brands were changed and changed again. It lost its claim to be leading Australian in OHS, or needed to explain its position, where before most people accepted their leadership position.

The current Victorian (Labor) government seems to be trying to make up some of that ground by increasing financial penalties, as reported by OHSAlert last week. Continue reading “Victoria increases OHS penalty three-fold”

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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