The OHS recommendations the Australian Government rejected

According to the Communiqué of the Workplace Relations Ministers’ Council on 18 May 2009, the following issues should be considered when drafting the new OHS legislation “Application of the primary duty of care to any person conducting a business or undertaking The panel recommends that the primary duty of care should be owed by any … Continue reading “The OHS recommendations the Australian Government rejected”

The insidiousness of “reasonably practicable”

WorkSafe Victoria recently released a guideline, or clarification, on what it considers to be the issues surrounding “employing or engaging suitably qualified persons to provide health and safety advice“. SafetyAtWorkBlog remains to be convinced that such a process will lead to better safety outcomes in the small to medium-sized enterprises at which this program is … Continue reading “The insidiousness of “reasonably practicable””

Statements on Australia’s OHS review report

According to today’s The Australian, Australian trade unions has “panned” the first report by the National OHS Law Review.  Here is what the ACTU Assistant Secretary Geoff Fary said,   “We are pleased that the Panel Report has recognised that breaches of OH&S laws are criminal rather than civil matters. These recommendations are a step … Continue reading “Statements on Australia’s OHS review report”

National OHS Law Review – First Report released

The first report of the National OHS Law Review panel was presented to the Australian Government yesterday. The best initial assessment of the report can be found at a safety blog operated by Deacons law firm.  In that report by Michael Tooma and Alena Titterton, the following points are made: there should be a general … Continue reading “National OHS Law Review – First Report released”

OHS uniformity is looking unlikely

Michael Tooma, a lawyer with Australian law firm Deacons, has stated “Despite the enthusiastic manner in which the harmonisation agenda has been pursued, and the appearance of progress in that regard, it is likely that the quest for uniformity in OHS laws across Australia will remain elusive.” His reasons for this statement in a recent edition … Continue reading “OHS uniformity is looking unlikely”