Category: lawyers

Accountability, responsibility and possible jail time

Lawyers speaking at occupational health and safety conferences can be a bit hit-and-miss. Some are interested in minute complexities of law. Others are not comfortable talking about legal technicalities with non-lawyers. The presentation also depends on what the conference delegates want, and this can differ from day to day. But sometimes, a conference hears from a lawyer who not only practices law but reads the newspapers and seems the understand the social context of their work.

Last week, the SafetyConnect conference benefited greatly from a presentation by Jackson Inglis of Sparke Helmore (pictured above).

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“no one wants to call out the real issue” says Tooma

In August 2019, lawyer and author Michael Tooma (pictured right) was the keynote speaker at the 2019 National Work Health and Safety Colloquium ostensibly talking about his May 2019 presentation to the United Nations Industrial Development Organization (UNIDO). It was an important presentation of the paper he wrote is important. However, it was in the questions afterwards, on Industrial Manslaughter laws and accountability, where Tooma was most passionate and personal.

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The Victorian Government remains secretive on Industrial Manslaughter laws

Victoria’s Department of Justice and Community Safety’s Freedom of Information correspondence is headed:

“Information Integrity & Access”.

For the last few months SafetyAtWorkBlog has been chasing the Workplace Manslaughter Consultation Paper through official channels and been granted “two pages in full”, “four pages in part” and been refused access in full to most of the Consultation Report.  This decision (available here) is because

“These documents include information concerning opinion, advice or recommendation of an officer and the personal affairs of third parties, which cannot be disclosed [for reasons given in the letter]”.

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Industrial Manslaughter submissions

The issue of Industrial Manslaughter laws continues in Victoria. Several organisations were invited to provide submissions to the Victorian Government’s task force formed to look at the implementation of these laws. Three of those submissions have been seen by SafetyAtWorkBlog:

Joint Submission

The joint submission states that

“The laws will also improve health and safety outcomes in workplaces by providing a real deterrent to employers who are tempted to cut corners on health and safety.”

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What is the problem that Industrial Manslaughter laws are intended to solve?

Marie Boland speaking on Day one

This week Melbourne Victoria hosted a conference about Work Health and Safety Prosecutions and Enforcement. The two-day conference, run by Criterion Conferences, focused on law and the application of that law. Occupational health and safety (OHS) was largely a subtext of the discussion, but it raised its head occasionally.

The audience of around 100 consisted of many OHS regulators and lawyers from most Australian States. This conference profile set the tone of this conference where a lot of legal knowledge and terminology was assumed even though, occasionally and not knowing the audience, a speaker trod old ground with Law 101.

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Make sure you are serious about deeper and better thinking on workplace mental health

In October 2018, the Australian Financial Review (AFR) reported (paywalled) on an occupational health and safety (OHS) investigation into overwork and staff fatigue being conducted by WorkSafe Victoria. The AFR has followed this with a report on June 6 2019 (paywalled) by its Legal Affairs Editor, Michael Pelly. It is a positive article about how the law firm, King, Wood & Mallesons (KWM) has improved its OHS performance since October last year. However there is much between the lines that hints at the OHS approach used and how limited it is.

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New Safety Podcast focuses on Law

One of the prominent occupational health and safety (OHS) lawyers in Australia has started a podcast. The first episode discusses Industrial Manslaughter.

Steve Bell of law firm Herbert Smith Freehills recently published the Safety Podcast, but the title is a bit of a misnomer as, judging by the first episode, the discussion is more about safety law than safety. Regardless, the podcast adds to our state of OHS knowledge.

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