Category: law

Case study of existing hazards in the new legislative context

Last month Joe Catanzariti of the Australian law firm, Clayton Utz, wrote a short article that links two OHS issues in a manner that others should follow.

Catanzariti made the jump from a prosecution under current New South Wales OHS legislation (according to many the most draconian in Australia) to identify how such a decision would be made under the harmonise OHS law system through the Work, Health and Safety Act.  The perspective needs to be applied more as it assists greatly in transitioning our understanding of “old” law to the new. Continue reading “Case study of existing hazards in the new legislative context”

Forklift incident costs NZ company over $34,000

New Zealand’s Department of Labour (DoL) has released a statement that illustrates a classic scenario for forklift safety.  According to the statement :

“The employee was walking in a freezer when he was hit from behind by a forklift carrying a 10-carton-high pallet of packed meat.  The Department’s investigation showed the height of the load impeded the driver’s view and contributed to the incident.

The employee’s hip and thigh were fractured. He was in hospital for three weeks and has only recently returned to full-time work.”

The incident occurred in April 2009 with the company being fined $NZ34,000. Continue reading “Forklift incident costs NZ company over $34,000”

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

First prosecution announced over insulation-related deaths

Queensland’s Department of Justice and Attorney-General has announced that an insulation installation company will be charged with offences under its safety legislation due to the death of an employee.  This is the first safety prosecution related to the Government’s , failed,  job creation scheme.

According to a media statement issued late on 5 May 2010,

“QHI Installations Pty Ltd has been charged with breaching section 30 of the Electrical Safety Act 2002 for allegedly failing to conduct its business or undertaking in a way that was electrically safe. Continue reading “First prosecution announced over insulation-related deaths”

BP oil rig explosion – lawyer video

The explosion of the BP oil rig raises a huge number of issues in a variety of safety and environmental disciplines.  In much of the media reportage, the plight of the workers on the rig has been given much less attention.

One media report has described BP as

“a London-based multinational oil giant with the worst safety record of any major oil company operating refineries in the United States.”

The oil rig, Deepwater horizon, was leased by BP  through Transocean.

On 3 May 2010 a maritime injury lawyer with Gordon, Ellias, and Seely, Jeff Seely, reportedly acting on behalf of the a family of one of the (presumed) dead workers from rig, Karl Kleppinger, released a Youtube video, produced by the World Socialist Web Site, in support of his legal action against BP and others claiming negligence.

Continue reading “BP oil rig explosion – lawyer video”

ACT OHS gains more resources

Change is good.  Change in occupational health and safety laws and regulatory strategies is usually good as well, but some action in Australia is curious.

On 29 April 2010, the Government of the Australian Capital Territory(ACT) established”   a new body called WorkSafe ACT,  according to a media statement from the Attorney General, Simon Corbell:

“The new WorkSafe ACT will perform a crucial function within the ORS [The Office of Regulatory Services part of the Department of Justice & Community Services], and will combine the educational and compliance roles under the Commissioner for Work Safety…. Continue reading “ACT OHS gains more resources”

NSW Premier surprise guest at mining safety conference dinner

In a closely guarded secret, New South Wales Premier, Kristina Keneally attended the safety conference of the New South Wales Minerals Council.  Keneally (pictured right) had previous attended NSWMC functions but in her capacity as the, then, Planning Minister.

Her speech contained a fair amount of politicking as one would expect from a politician in an election year but regrettably safety got less attention than one would expect.  The Premier spoke more generally about her government’s achievements under her leadership and how she was able to set, and enforce, clear performance benchmarks in the previous Planning portfolio.

Dr Nikki Williams NSWMC spoke very highly of the minister, as one would expect, but had to tread a fine line in complements so that she would not be seen as endorsing the Premier in an election year.  Williams instead praised the person and praised very highly.  Clearly there is a mutual respect between the two women that could proceed into a useful business/political relationship. Continue reading “NSW Premier surprise guest at mining safety conference dinner”

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