Category: lawyers

Phenomenology and the safety professional

In Australia, safety management is being progressed most obviously through sociology and the work of  Andrew Hopkins.  But perhaps it is possible to cut through some of the commercial  “safety culture” twaddle by looking at the work of philosophers and the concept of phenomenology.  As any modern student seems to do instead of reading the original, look to the movie.

On 20 April 2010, Australian lawyer, Andrew Douglas, channeled The Matrix in trying to challenge the thinking of the audience of OHS professionals at the Safety In Action conference.

In his conference paper, Douglas compared the positive and negative safety cultures to the blue and red pill choice that Morpheus offers Neo.   Continue reading “Phenomenology and the safety professional”

Fortescue Metals contests cyclone deaths

In December 2008 Fortescue Metals Group said it would contest charges it breached OHS laws over the death of two people.  In April 2010, it is seeking to avoid the charges.

On March 9 2007, tropical cyclone George hit a camp site in north-west Australia killing two people and injuring others.  The temporary accommodation shelters, “dongas”, in which workers were sheltering provided insufficient protection for many workers.

According to one media report on 12 April 2010, the lawyer for FMG,  John Karkar,

“…. said his clients’ operations were governed by the Mines Safety Inspections Act because the Pilbara camp was built for the accommodation of mine workers and workers who were building a railway line which was to be used to transport iron ore.” Continue reading “Fortescue Metals contests cyclone deaths”

Restorative Justice research gets funding boost as US hearings focus on workplace bullying and suicide

The role of restorative justice in workplace incidents has received a major boost from the Legal Services Board in Victoria.  According to an April 2010 newsletter from the Creative Ministries Network additional research funding has been received for a quality assurance framework.  As mentioned in the article below restorative justice could have particular benefits to instances of workplace bullying.

Several of the suggestions and areas of research echo some of the issues raised in US Assembly Labor Committee hearings on workplace bullying and suicides in the last few days.

“The Creative Ministries Network has received a further grant from the Legal Services Board to undertake a project to develop a Victorian quality assurance framework for any restorative justice service operating in the area of work-related death.  The project will also examine whether this framework may apply to work-related injury, especially in areas such as workplace bullying. Continue reading “Restorative Justice research gets funding boost as US hearings focus on workplace bullying and suicide”

Information flow is critical for sound Board decisions on OHS

Peter Arthur, a Partner with Australian law firm, Allens Arthur Robinson, spoke on Boardroom Radio on 1 April 2010 about new duties that national OHS laws will place on Directors.

Although there are six elements in the new general duty, Arthur says that they all can come under the category of “information flow”.   Continue reading “Information flow is critical for sound Board decisions on OHS”

OHS lawyers see opportunities in harmonisation of laws

The current edition of Lawyers Weekly includes some thoughts from Australian lawyers on the impact of the harmonisation of Australia’s OHS laws. 

Michael Tooma of Norton Rose believes that the new positive duty of officers has sparked interest in improving corporate governance.

Graeme Smith of Freehills has seen an improved recognition of lawyers’ roles in developing commercial contracts.  He also sees OHS as being better accepted as an element of risk management.  According to the article entitled “OHS shrugs off the GFC”, Smith believes

“…national harmonisation will raise the profile of OHS, and in the long-term, OHS will find itself established as a discrete but integral aspect of corporate governance, compliance and risk management…”

He sees this as a golden opportunity for lawyers.   OHS law seems now to be dependent on lawyers where, before, it used to be a law that workers, managers and the layperson could read, understand and implement.  Safety professionals need to use legal experts when required but should have the confidence to manage safety through the harmonised framework first.  Crucial to whether the lawyers dominate will be the quality of guidance provided by OHS regulators and the authority of the voices of the OHS profession.

Kevin Jones

Prominent OHS lawyer to facilitate workers’ compensation reform discussions

SafetyAtWorkBlog has been able to confirm the rumour that Barry Sherriff, a prominent Australian OHS Lawyer who recently joined Norton Rose, has been contracted to facilitate a series of exclusive forums on the reform of Australia’s workers’ compensation system.

Sherriff was one of the triumvirate who investigated a model OHS law for the Australian Government and should fulfill his contracted role for Safe Work Australia (SWA) admirably. Continue reading “Prominent OHS lawyer to facilitate workers’ compensation reform discussions”

Legal changes for Victoria’s workers’ compensation laws

As workers’ compensation keeps bubbling away as a political issues in South Australia ahead of this weekend’s State election, other Australian States are not sitting still on workers’ compensation.

Amendments to Victoria’s workers’ compensation system have passed through Parliament on 11 March 2010 enacting most of the findings of the 2007 Hanks inquiry.  The laws will be gradually introduced but with most effective from 5 April 2010.

The best summary of the amended laws is on the Victorian WorkCover website. Continue reading “Legal changes for Victoria’s workers’ compensation laws”

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