Where’s the Sarbanes-Oxley for workplace safety?

In 2002, after several corporate collapses, the United States government signed in the Sarbanes-Oxley Act which was intended to establish business practices on accounting and auditing among other aims.  The Western world watched the introduction of this legislation and echoed many of the requirements in their own legislation and corporate oversight agencies.

It is likely in the wake of the global financial crisis that the United States (and Europe to a lesser extent) is entering another wave of corporate regulation or interference, depending on one’s politics.

These laws introduced substantial change to the management of businesses, the disclosure of information and the role of corporate executives.  When will this type of change include occupational safety and health?

Firstly, the United States’ safety professionals and regulators need to accept that their system of OHS legislation and enforcement is not “world’s best practice”.  There are major deficiencies in high-risk organisations and a misunderstanding of safety obligations at the shopfloor level.  These problems exist partly because of the structure and population of the country itself and also because there is so much baggage in its legal system that new perspectives in law are difficult to imagine.

A significant change in OHS law outside the United States is the issue of personal accountability for safety-related decisions.  There are few who complain about the jailing of CEOs and executives for the loss of money (their own and that of others) but there is a real barrier to jailing those same people when their management decisions led to a loss of life. Continue reading “Where’s the Sarbanes-Oxley for workplace safety?”

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”

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