Category: lawyers

Industrial Manslaughter laws for NSW? Sizzle but no steak

Some trade union and occupational health and safety (OHS) newsletters are stating that the New South Wales Labor Party has pledged to introduce Industrial Manslaughter laws should it win this weekend’s State Election. Looking at the actual pledges shows the commitment may not be as solid as some expect and others hope.

The NSWLabor website related to workplace safety matters seems to make no commitment for the introduction of Industrial Manslaughter laws, only to discuss laws and penalties in comparison to the penalty for manslaughter under other laws:

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New OHS conference with prominent speakers

One of the hottest occupational health and safety (OHS) issues at the moment is Industrial Manslaughter but this is just one aspect of the enforcement of OHS and prosecution for breaches. In June 2019 a two-day conference on OHS/WHS Prosecution and Enforcement is being held in Melbourne, Australia with a list of respected speakers who are prominent in Australian labour law circles.

The conference is more expensive than some other OHS conferences but the list of speakers is impressive and the theme could not be more topical. (A brochure is available for download) Until March 15 2019, Criterion Conferences is applying an Early Bird discount of $500 for each delegate. SafetyAtWorkBlog has negotiated a further discount applicable to Subscribers only.

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Would Reckless Endangerment improve safety and health more than would Industrial Manslaughter laws?

The reckless endangerment provision of Victoria’s Occupational Health and Safety Act 2004 is likely to be crucial to this year’s discussions on Industrial Manslaughter laws and the management of workplace health and safety more generally, particularly as Victoria’s Minister for Workplace Safety, Jill Hennessy, has announced an implementation taskforce that includes a Workplace Fatalities and Serious Incidents Reference Group.

Section 32 says:

“A person who, without lawful excuse, recklessly engages in conduct that places or may place another person who is at a workplace in danger of serious injury is guilty of an indictable offence and liable to—
(a) in the case of a natural person, a term of imprisonment not exceeding 5 years, or a fine not exceeding 1800 penalty units, or
both; and
(b) in the case of a body corporate, a fine not exceeding 20, 000 penalty units.”

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One of the most useful books about OHS law

It is difficult to make a book about occupational health and safety (OHS) law interesting.  Some try with creative design but the most successful is when laws are interpreted into real world circumstances.  Thankfully Breen Creighton and Peter Rozen have written the latter in the 4th edition of Health and Safety Law in Victoria. Independent Australian publishers, Federation Press, recognise the significance of this edition:

“This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria….[and]

…Critically, the new edition locates the 2004 Victorian Act firmly in the context of the harmonised work health and safety regime…”

This discussion of context lifts this book from an analysis of one State’s OHS laws to an analysis of harmonisation, which may be offer a useful counterpoint to

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Industrial Manslaughter laws? Let’s talk about safety

On October 29 2018, RMIT University and the Safety Institute of Australia conducted a forum on Industrial Manslaughter laws.  The mix of presenters offered a respectful discussion on the issue but also illustrated where such proposed legal changes fit.  The event was organised and hosted by Gloria Kyriacou-Morosinotto whose introduction listed the questions we should all be asking about the Industrial Manslaughter laws proposed for Victoria.

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WorkSafe acts on allegations of gruelling workplace conditions in a Victorian law firm

On October 12 2018 the Australian Financial Review (AFR) published an exclusive article about an investigation by WorkSafe Victoria into excessive working hours at an Australian law firm, King & Wood Mallesons (KWM). The article was later expanded on line.

There are several curious elements of this report that could reflect other workplaces that may experience sudden high workload demands and fatigue.  Some seem to see the significance of this article as being less about the workloads and fatigue but more about WorkSafe Victoria’s involvement in an industry sector where it does not usually play.

The Australian Government announced a Royal Commission into the Banking and Financial sectors in 2017.  It was created urgently and given only 12 months to conclude its investigations.  As a result banks and financial institutions

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If you don’t prevent, you perpetuate

Systematic approach to psychological health and safety

One of the most important occupational health and safety (OHS) guidances released the last couple of years is the Safe Work Australia (SWA) guide “Work-related psychological health and safety: A systematic approach to meeting your duties“, but its significance is not being universally embraced.

Recently Australian law firm, Minter Ellison, released an

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