Category: law

Still insufficient answers to the Delacombe trench deaths

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?

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

The economics of OHS and the need to think upstream

Michael Belzer and Michael Quinlan have outlined the economics of occupational health and safety (OHS) in the editorial of the latest edition of The Economic and Labour Relations Review. This contrasts with earlier research about the business case for OHS as it broadens the pool of influences more broadly. They write:

“The economic approaches to OHS in the papers in this issue identify externalities and suggest that incomplete market analysis has created an inappropriate permission to ignore uncompensated costs in labour, product, and service markets; these incomplete markets lead to greater social risk as well as inefficiency. More integrated understandings of OHS are challenging but research performed without them leads to narrow and partial understandings.” (page 483)

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Shortcomings of the legal perspective on work health and safety

The most common question occupational health and safety (OHS) consultants receive from clients is, “Do I comply with the law?” This request is telling because the client starts from a legal rather than a safety base. This is not surprising, as OHS commentary is dominated by lawyers whose focus is on minimizing their clients’ exposure to prosecution.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

Is this another case of minimal deterrence?

In January 2025, Kilvington Grammar was fined over $100,000 for breaches of occupational health and safety (OHS) laws related to the death of one of its students, 16-year-old diabetic Lachlan Cook, who was on an overseas school trip. The best source of publicly available reports on this case appears to be the Australian Broadcasting Corporation. This article does not discuss the incident but focuses on the sentencing decisions and their relevance to OHS.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

The most recent guidance on office safety, including psych safety and working from home

In December 2024, WorkSafe Victoria released “Office Health and Safety – A Guide for Employers“. Sadly, it seems to have (half) dumped the Officewise brand. If WorkSafe had kept it, the guide would have been part of an illustrious history stretching to the last century when the first edition was published in 1995. The new guide has some interesting advice on occupational health and safety (OHS) issues related to working from home, but workplace mental health seems more prominent than in earlier editions.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here

A cheap introduction to regulatory risks

There is a curious set of self-published safety-related books by Lance Luke. They seem to feature on Amazon, so I purchased one to satisfy my curiosity.  “Top Ten OSHA Violations” is a thin, low-cost book that is little more than one may see in an occupational health and safety (OHS) convention – snappy, click-bait title, minimal explanation and several case studies.  This is not a book regarding any evidence beyond the extensive lived experience of the author. So what are the top 10?

Continue reading “A cheap introduction to regulatory risks”

OHS advice for new businesses

It is legitimate to not know something, but choosing not to know something is inappropriate, especially about something you are meant to be knowledgeable about, like occupational health and safety (OHS).  Governments rarely provide sufficient information about people’s OHS obligations when creating and building a business.  Preloading a person with OHS information should reduce the likelihood of an “I didn’t know” excuse when (if?) a workplace incident occurs.

A UK labour law firm, Lewis Silkin, recently published its latest “Compliance requirements for new employers in Great Britain”, which may close the OHS knowledge gap.

Subscribe to SafetyAtWorkBlog to continue reading.
Subscribe Help
Already a member? Log in here
© Workplace Safety Services P/L (ABN: 68091088621) and SafetyAtWorkBlog, 2008-2025. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Kevin Jones and SafetyAtWorkBlog with appropriate and specific direction to the original content.

Concatenate Web Development
© Designed and developed by Concatenate Aust Pty Ltd