Category: lawyers

Australian employer groups are out for blood

For some reason several Australian newspapers on 16 February 2010 carried articles about the possibility of prosecuting the Federal Environment Minister, Peter Garrett, over recent deaths associated with an insulation rebate scheme, he launched and his Department administers.

The employers are drawing a long bow to support their calls.  They are linking several related OHS issues in order to score political points the recent High Court decision on New South Wales (NSW) OHS laws, the Federal Government’s programs for harmonising OHS laws and the insulation installer deaths. Continue reading “Australian employer groups are out for blood”

OHS and the death of Brodie Panlock from bullying

On 8 February 2010, four workers at Café Vamp, a small restaurant in Melbourne Victoria, were fined a total of $A335,000 for repeatedly bullying, or allowing bullying to occur to, 19-year-old Brodie Panlock.  Brodie jumped from a building in September 2006.  Her family watched Brodie die from head injuries three days later.  They were unaware that Brodie was being bullied at work.

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No guard = hand injuries + $50k penalty

Machine guarding is one of the most effective and longstanding control measures for occupational hazards.  Sometimes safety people even get excited about them.  Equally safety people, regulators and magistrates, get angry when the guards are left off.

One company in South Australia on 1 February 2010 received two penalties for similar hand injuries that occurred only days apart in 2007.   Continue reading “No guard = hand injuries + $50k penalty”

D/O liability insurance gets to England’s High Court

Insurance policies for directors and officers (D&O) liabilities have yet to gain much application in terms of occupational health and safety penalties.   But D&O insurance policies are in Australia and are established in other countries.

According to Wikipedia:

“Directors and Officers Liability Insurance (often called D&O) is liability insurance payable to the directors and officers of a company, or to the organization(s) itself, to cover damages or defense costs in the event they suffer such losses as a result of a lawsuit for alleged wrongful acts while acting in their capacity as directors and officers for the organization.”

A decision by the High Court in England throws further light on the application of D&O.   Continue reading “D/O liability insurance gets to England’s High Court”

Do “enforceable undertakings” equal justice?

The issue of “enforceable undertakings” for breaches of OHS law receives an interesting interpretation in the Courier-Mail newspaper on 18 January 2010.  “Enforceable undertakings” are unfairly described as “plea bargains” but the article does provide some comparisons to support the argument.

The first example provided where a worker was left a paraplegic sounds like a plea bargain in that there was a negotiated “agreement to avoid being brought the courts” but more information is required.

The second, concerning the injury to patrons at the Sea World theme park, is treated too briefly and is likely to involve issues of public liability.  However the dollar comparison in this example may raise the need to ensure that any enforceable undertakings should be comparable in dollar value to the initial fine.   Continue reading “Do “enforceable undertakings” equal justice?”

Health Department bans all employees from smoking at work

Most of the Australian media have reported on a memo to staff of the Australian Department of Health that only allows smoking while on meal breaks.  Health Department employees are not permitted to smoke while undertaking departmental duties or “when representing the department in any capacity”.

Government authorities have long participated in smoking reduction campaigns which have succeeded in minimising smoking.  Workplaces in Australia already have workplace smoking bans.  So what’s caused the memo (a copy which has not been seen by SafetyAtWorkBlog) to be issued?

The principal reason seems to be to improve the “professional reputation of the department”.  It has always been a ridiculous image to see Health Department employees crowding around departmental doorways smoking cigarettes.   Continue reading “Health Department bans all employees from smoking at work”

Legal professional privilege and safety management

The Safety Institute‘s OHS Professional magazine for December 2009 included an article (originally published in an OHS newsletter from Piper Alderman for those non-SIA members) about the application of legal professional privilege using a New South Wales Industrial Relations Commission decision as its basis (Nicholson v Waco KwikForm Limited).  The case received considerable attention by OHS law firms. Continue reading “Legal professional privilege and safety management”

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