A Workplace Death. An Upheld Conviction. And a Standard Every C-Suite Officer Should Understand.

A post written by Wade Needham (April 15, 2026), and reproduced with permission.

Two judgments totaling 75,000 words were handed down across 2024 and 2026. Not everyone will read them. Everyone should understand what they establish.

Years ago, during commissioning work at Port Hedland for the Roy Hill project, someone asked me how I knew the night shift crew were following the isolation procedure for livening the sub stations. I could name the critical risk. I could point to the training records, the procedure, the sign-off sheet, the safety advisor on shift. And when they asked how I knew it was being followed at 2am when nobody was watching, I paused. Long pause. Then I said something like “Well, the reports don’t show any issues.”

I have never forgotten that pause. Because I knew, in that moment, that I was describing paperwork. Not reality.

That is the most dangerous sentence in safety governance. The reports don’t show any issues. It is the sentence that sat underneath everything that went wrong at the Port of Auckland. I wanted to distil down elements of the judgement I found insightful.

But first, a too-long, don’t-want-to-read summary for those short on time.

Continue reading “A Workplace Death. An Upheld Conviction. And a Standard Every C-Suite Officer Should Understand.”

What the Whitlam dismissal meant for workers’ compensation in Australia

The media is providing extensive coverage of the 50th anniversary of the dismissal of the Whitlam government on 11 November 1975. Shortly before that date, Australia came within a whisker of mirroring New Zealand and gaining a national no-fault accident compensation scheme.

This would have provided:

“.a national rehabilitation and compensation scheme for Australia so that all who suffer disabling injuries, whether at home or at work, are provided with adequate income cover.”

Below is an article I wrote about this missed opportunity in October 2014 shortly after Whitlam’s death.

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Across the Ditch: What New Zealand’s OHS Survey Reveals About Gender, Influence, and Industry

The latest edition of New Zealand’s excellent occupational health and safety (OHS) magazine, Safeguard (long may it reign…. in hard copy), included its annual income survey of OHS professionals. Some Australian organisations also do this, but their findings can be expensive to access.

I ran Safeguard’s data summary through AI to provide a text-based profile of a “typical” NZ OHS professional. It offers an interesting contrast to what we have in Australia.

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NZ OHS reform is all sticks and carrots of questionable quality

Recently, New Zealand’s Minister for Workplace Relations and Safety, Brooke Van Velden, was interviewed for almost half an hour by Jack Tame on her government’s proposed changes to occupational health and safety (OHS) laws. The interview was informative and entertaining, as it explained some aspects of the OHS changes, but also showcased a Minister who was uncomfortable with being questioned.

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What the hell is happening with OHS in New Zealand?

The latest government in New Zealand has some wild ideas and policies. Surprisingly, some involve reforming occupational health and safety (OHS) laws. Reform is usually positive as it progresses laws and fixes errors, oversights, or shortcomings, but this NZ activity is different. To start, it is necessary to look at the policies and some of the media statements from the current Prime Minister and Minister for Workplace Relations and Safety.

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More clarity on what is reasonably practicable

Reasonably practicable control measures are most often determined by the courts during a prosecution.  Every other determination of reasonably practicable in occupational health and safety (OHS) compliance is an educated guess by employers.  However, this does not always have to be the case, as a short excerpt from the Annual Report of New Zealand’s Ombudsman illustrates.

Pages 52 and 53 summarise a complaint made to the Chief Ombudsman questioning WorkSafeNZ’s handling of an investigation into a:

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Farm Safety group video shows unclear position on quad bike safety

Farming is a unique industry with significant occupational health and safety (OHS) challenges; it is unique because it is a blend of rural culture, working at home often with children in the workplace, isolation from social services, self-reliance and independence. It is important for the OHS advice provided and promoted to offer the most effective health and safety advice. Many farming organisations provide this information and do it well. New Zealand’s Safer Farms appears to have good intentions but may have missed the mark with their latest video.

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