Category: lawyers

Harmonisation strategy will fail and legal costs for OHS will increase

The Australian Government’s plans to harmonise the country’s OHS legislation will fail.  In the Australian newspaper on 6 May 2010 the president of the Safety, Rehabilitation & Compensation Licensees Association, Dean Stone, said

“Harmonisation was aimed at having the same law in force across the country but it is simply not going to be able to do that…  Each of the companies moving back to the harmonised schemes will need more staff merely to comply with the different approaches.” Continue reading “Harmonisation strategy will fail and legal costs for OHS will increase”

Treatment of workers from Transocean oil rig

More information is coming to light about the treatment of survivors of the explosion on the Transocean oil rig.  According to an article (and podcast) on National Public Radio on 6 May 2010, company lawyers for Transocean had survivors sign waivers within hours of the disaster.

The article says:

“The form that they made them sign had, ‘I was here when it happened, I didn’t see anything.’ Or ‘I saw this and I was or was not hurt,’ ” says Steven Gordon, a Houston attorney who represents some of the survivors…. Continue reading “Treatment of workers from Transocean oil rig”

BP oil rig explosion – lawyer video

The explosion of the BP oil rig raises a huge number of issues in a variety of safety and environmental disciplines.  In much of the media reportage, the plight of the workers on the rig has been given much less attention.

One media report has described BP as

“a London-based multinational oil giant with the worst safety record of any major oil company operating refineries in the United States.”

The oil rig, Deepwater horizon, was leased by BP  through Transocean.

On 3 May 2010 a maritime injury lawyer with Gordon, Ellias, and Seely, Jeff Seely, reportedly acting on behalf of the a family of one of the (presumed) dead workers from rig, Karl Kleppinger, released a Youtube video, produced by the World Socialist Web Site, in support of his legal action against BP and others claiming negligence.

Continue reading “BP oil rig explosion – lawyer video”

Queensland workers’ compensation reforms – is the good news really that good?

Queensland’s Premier, Anna Bligh, and Attorney-General, Cameron Dick have issued a curious media statement concerning their reform of the State’s workers’ compensation system.

The reform is intended “to ensure stability and certainty into the future” and “ensure that the Queensland average premium rate, while increasing, will remain the lowest of any state or territory.”

The Premier is saying the right message but the reality may be a little different.   Continue reading “Queensland workers’ compensation reforms – is the good news really that good?”

If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?

If safety culture is set and developed by leaders, what does it mean when a Prime Minister launches a scheme that places the creation of jobs over the need for worker safety?

Two days before International Workers’ Memorial Day, the Australian Broadcasting Corporation’s Four Corners program analyses the failed insulation scheme initiated by the Australian Government in 2009.

According to the Four Corners website:

“Four Corners takes a forensic look at a chain of events that began with so many good intentions but ended in death and political humiliation. What exactly were the warnings given to the Department of Environment and the Minister Peter Garrett? Why did senior officials inside the Department reject safety concerns, preferring to play up the job creation aspects of the program?”

An audio preview of the Four Corners is available online.  In that interview a whistleblower from the Department of the Environment states that

“..we were told that safety was of less importance than job creation.” Continue reading “If safety culture begins at the top, what message is the Australian Government sending on insulation installer deaths?”

How revolutionary could the Work Health and Safety Act be?

In April 2010, the Australian Government is busy negotiating a new health reform package.  It is likely that the next stage of the reforms will be in the Australian Senate which brings Nick Xenophon into the negotiations.  On 21 April 2010,  The Australian reported Xenophon saying:

“…he had “an open mind” on the deal brokered by the Prime Minister yesterday but wanted to ensure it had a strong emphasis on preventative health, which was the ultimate “test of the health system”.”

Senator, Nick Xenophon, provides a good example of how personal ideals cross social boundaries and professional disciplines.  His focus on the prevention of harm covers public safety and workplace safety illustrates the interconnection that an ethical stance can bring social issues that are governed under different laws and expectations. Continue reading “How revolutionary could the Work Health and Safety Act be?”

Australian safety conference – confused but in a good way

Day 2 of the Safety In Action Conference is almost over and I am confused.  Some speakers say that safety cannot be improved without commitment from the most senior executives of a company.  Others are saying that safety improvement can be best achieved by trusting employees.

One speaker questioned the validity of the risk management approach to safety.  A colleague argued that this was not a return to prescriptive legislation, regulation and codes of practice but an opportunity for companies to assess their needs and set their own “rules” of compliance based on the risk assessment results, effectively determining their own level of OHS compliance.

Another speaker speculated that a particular Federal Minister may have been prosecuted under the model Work Health & Safety Act if Ministers had not been excluded from their duty of care.

Some see new the OHS laws as revolutionary, others see it as tweaking a legislative approach that is over 30 years old.

Some speakers I found thought-provoking, others thought these were facile and had lousy PowerPoint skills.

What this Safety In Action Conference in Australia has not been is dull.   Continue reading “Australian safety conference – confused but in a good way”

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