Category: lawyers

Improve the profession by improving the professionals

The occupational safety profession (OHS) in Australia is often described as being populated by older white males, as being dull and ill-informed.  This perception has generated offshoots such as Women in Safety and Health, and Young Safety Professionals (YSP) with similar actions occurring in many other professions. It is easier than ever to develop professional groups that better address one’s needs but this can miss out on opportunities to change those older white males who are prepared to listen and learn.

These subgroups can often be more innovative than the larger profession events, partly because they are smaller, but also because their audience has different expectations and capacities. Recently

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Tassie Coroner releases his safety findings on 7 quad bike deaths

Coincidentally, as an article about quad bike safety was being uploaded to this blog, details of the release of Tasmanian coronial findings were received.  The findings were released by Coroner Simon Cooper on August 25 2017 and were not reported widely.

The Coroner investigated seven deaths related to quad bikes but only two occurred on workplaces or as part of performing work – Heather Richardson and Roger Larner. Curiously, WorkSafe Tasmania did not investigate these work-related deaths.   Continue reading “Tassie Coroner releases his safety findings on 7 quad bike deaths”

Both parties claim a win in a stoush that changed a couple of words

The court case between the Federal Chamber of Automotive Industries (FCAI) and WorkSafe Victoria has been resolved and, according to both parties, they both won.  According to WorkSafe Victoria:

“The Supreme Court proceeding issued by Honda, Yamaha, Suzuki and other quad bike manufacturers against WorkSafe Victoria was dismissed just prior to a trial that was listed to commence yesterday.

The manufacturers had wanted the Supreme Court to rule that WorkSafe’s public announcements about quad bike safety were unlawful. The challenge has been dismissed and will not proceed to trial.”

According to FCAI’s media statement:

“In the Supreme Court proceedings, WorkSafe Victoria specifically declined to pursue a claim that the fitment of an OPD is an appropriate way of reducing the risks to operators of an ATV overturning. It has produced no data or other evidence to support its claim that OPDs will “save lives”.

The revisions now made by WorkSafe Victoria are welcomed by the ATV industry as an important clarification to correct previous reporting that, as a result of its March 2016 announcement, OPDs had become mandatory on Victorian farms. That was not the case, as WorkSafe Victoria has now acknowledged, as a result of the legal proceedings taken against it.”

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Quad bike safety gets messy – disagreements, Supreme Court writs and stars

Over the last couple of weeks in Australia, the arguments over the safety of quad bikes (sometimes called All Terrain Vehicles (ATVs)) has become messy. The National Farmers’ Federation (NFF) is in favour of Operator Protection Devices (OPDs) but the Victorian Farmers’ Federation (VFF) is not. Doctors and farmers are calling for a five-start safety rating for quad bikes. One researcher says such a scheme is ready to go. The manufacturers’ industry representative, Federal Chamber of Automotive Industries (FCAI) says no it’s not but here’s a new helmet to wear.

Around all of this is remarkable silence about legal action launched against the Victorian occupational health and safety (OHS) regulator, WorkSafe, by Honda, Yamaha, Suzuki, Kawasaki and BRP over WorkSafe’s interpretation of a legal safety duty.

All the while farmers in some States are continuing to access generous safety rebate schemes. Continue reading “Quad bike safety gets messy – disagreements, Supreme Court writs and stars”

Autonomy, safety, diversity, equality and productivity

Photo taken by Angelo Kehagias

Discussion about gender in the workplace peaks each year around International Women’s Day on March 8.  Occasionally there is renewed localised interest when an issue pops up but the issue of gender permeates our thoughts, our planning and our conduct all the time.

Recently, SafetyAtWorkBlog had the chance to ask some questions about gender and diversity and the relevance to the workplace and the occupational health and safety (OHS) profession to Alena Titterton (pictured above), a fascinating workplace relations lawyer with the Australian offices of Clyde & Co.

Gender diversity seems to be more prominent than diversity generally.  Should gender diversity be given priority over, or be separated from, other categories such as ethnicity or sexuality?

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Analysis of the WorkSafe Legislation Amendment Bill raises concerns

Several readers have expressed curiosity over the WorkSafe Legislative Amendment Bill currently in the Victorian Parliament and mentioned by lawyer Steve Bell last week.  Bell pointed to a couple of issues in the Bill and gave the impression that the Bill was aimed at tidying up some administration.  Several of the issues raised in the Bill deserve contemplation.

The Bill is still not through Parliament.  The next stage of the process will occur on April 5, 2017 but the Minster’s

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For What Steve Bell Tells – OHS issues for 2017

Steve Bell is a partner with Hebert Smith Freehills (HSF) in Melbourne, Australia.  As many law firms do, HSF conducts several events each year to inform clients and others of occupational health and safety (OHS) and labour relations issues.  In March 2017 Bell, who is the regular host at these events, spoke at a breakfast seminar held jointly with the Safety Institute of Australia, and identified several safety issues as becoming prominent in 2017:

  • Increased penalties
  • The risk of complacency
  • Increased interplay between OHS and industrial relations
  • Focus on public safety elements of OHS
  • the review of regulations.

Below are some thoughts on the issues raised by Steve Bell.

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