Category: lawyers

BBC podcast on UK’s OHS review

The BBC’s radio program, Politics UK, for 18 June 2010 includes an uncredited discussion on the OHS review announced by Prime Minister Cameron recently.  The discussion occurs at the 20 minute mark of the podcast which is available to download for a short time.

Much of the content seems to reflect the thoughts and comments of The Telegraph article by Philip Johnston but at least the BBC reporter acknowledges that the issue is not really health and safety but the “fear of litigation”.

There is an interesting reference to the “goldplating” of European Union directions and the issue of food safety and cheese is mentioned.  The impression given is that the more significant and, perhaps, the more difficult challenge for Lord Young is not OHS but the “compensation culture”.  If this is the case, OHS may come off the worse of the two as it may be given a secondary priority.

Kevin Jones

Safe Work Australia at Senate Estimates – harmonisation latest

Rex Hoy of Safe Work Australia (SWA) spoke on 1 June 2010 at the Australian Senate Estimates hearing (around page 44) and confirmed progress on the draft OHS regulations and codes of practice.  The draft Hansard reports Hoy saying:

“Just to cover the areas we are working on: there will be model regulations covering administrative arrangements to support the model act, major hazards facilities, licensing of high-risk work, workplace hazardous chemicals, occupational diving, noise, working in confined spaces, performing manual tasks and induction training for construction work.  There may well be more, depending on finishing this process. Continue reading “Safe Work Australia at Senate Estimates – harmonisation latest”

What is the OHS “public interest”?

On 7 May 2010 Judge Lacava of the County Court of Victoria increased the $A25,000 fine applied to A Bending Company to $A75,000.

WorkSafe’s Acting Director for Health and Safety, Stan Krpan, said in a media release:

“The fact that the Director of Public Prosecutions [DPP] found the original penalty inadequate, and the increase in the fine on appeal, demonstrates the courts’ attitude towards health and safety offences.”

The DPP made the appeal to the County Court after a request for review of the original fine was made by WorkSafe Victoria.  According to the judge’s decision (not yet available online):

“The appeal by the Director is made pursuant to section 84 of the Magistrates’ Court Act 1989. The section gives the Director the power to appeal to this Court “if satisfied that an appeal should be brought in the public interest“.” [emphasis added]

So how was the public interest served by increasing the fine by $A50,000? Continue reading “What is the OHS “public interest”?”

Is OHS part of Labour Law?

The question in the title of this article came about from the release of a fabulous new book by LexisNexis- Butterworths – Australian Labour Law – Text, Cases & Commentary, 5th edition.

Through my introductory look at the book, it seems that occupational health and safety gets around half a page in a book of over 1200 pages.  As an OHS reader I was disappointed, as I believe that OHS is an important subset of labour law.  My belief is echoed by some Australian publishers who include, usually, a chapter on OHS in their labour law titles.  LexisNexis has never been a publisher of OHS information with the market leader being CCH but with Federation Press holding the more quality and original sector.

One possible reason for the lack of OHS is that the authors, Marilyn J Pittard and Richard B Naughton are lecturers in labour law at Monash University and OHS does not feature in their program.  Another could be that the book is a monolithic volume already and, perhaps, OHS could not be given adequate attention without adding a couple of pounds to the book and generating a manual handling risk.

It is hoped that LexisNexis realises there is a market opening for authoritative and fresh writing on OHS in Australia, particularly in this period of change due to harmonisation.  The morphing of OHS in the areas of due diligence and risk management are particularly interesting to watch. Continue reading “Is OHS part of Labour Law?”

OHS needs plain language, consultation and corporate engagement

An earlier article today provided a reminder of a County Court judge’s criticism of OHS management-speak in a 2004 decision concerning the death of Robert Sergi on a rail bridge construction project near Geelong.

In response to some of the safety initiatives outlined to the Court by the lawyer for Leighton Contractors Ross Ray SC, Judge Gebhardt said:

“Mr Ray pointed to an array of safety initiatives introduced by his client and a welter of documentation was tendered.

I gained the impression from the documents tendered that some form of managerial “hocus pocus” bewitched the company which sought to satisfy the needs and interests of workers with hierarchical and self-serving layers of bureaucratic “bubble-squeak/’ what Mr Ray described as “complex speak”. When the language is destroyed, reality fades and there is no basis for sound and sensible communication.  Workers are not instruments, but participants and conversation with them should occur on that basis.”

It is fair to expect that a judge would have come across a large amount of legal jargon through their career and that this could be an advantage in trying to translate management-speak but clearly, in the above situation, this is not the case. Continue reading “OHS needs plain language, consultation and corporate engagement”

Important OHS court decisions go unreported

On 20 May 2010 a Victorian magistrate fined an employer over $A500,000 following a workplace prosecution.  Almost all of it went to charity, according to WorkSafe Victoria.

There are several issues raised by Magistrate Vandersteen’s decision:

  • Why to charity?
  • Why the particular charities?
  • Why not allocate the funds to OHS-related organisations or initiatives?
  • Why does the Magistrates’ Court not make court decisions publicly available?

The workplace incident that started this case was that in August 2008, a 40-year-old man had his arm ripped out of the socket when it became tangled in an unguarded post peeler.   He was taken to hospital by an emergency ambulance helicopter where his life was saved. Continue reading “Important OHS court decisions go unreported”

Australian roundtable podcast on workplace bullying

On 21 May 2010, Boardroom Radio (BRR) released a podcast on workplace bullying that includes opinions from some worthy speakers.

Andrew Douglas, Managing Director at Douglas LPT;

Wayne Blair, Fair Work Australia Commissioner;

Gail Hubble, Barrister; and

Anna Palmer, HR Consultant, at Provenio Consulting

Some of the questions are a little peculiar such as whether current generations are more “vulnerable” to bullying.  Speakers responded that there are more opportunities for bullying now due to new technologies Continue reading “Australian roundtable podcast on workplace bullying”

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