WorkSafe Victoria has been reviewing a series of enforcement and prosecution policies for some time. One of these policies set for re-issue relates specifically to the publication of prosecutorial information through its website and media releases and, although the “new” policy is not yet available, it may be worth remembering the previous policy, last revised in …
Richard Johnstone is always worth reading as he writes perceptively about occupational health and safety (OHS) and its enforcement. The new book from Baywood Publishing “Safety or Profit” provides a chapter by Johnstone that argues: “…that despite the rhetoric of stronger enforcement and more robust prosecution, the dominant ideology of work health and safety enforcement …
One of the most discussed posts on this blog concerned an insurance company that paid the fines awarded against a company director. The company director had been found guilty of OHS breaches that led to the death of a worker. Yesterday, South Australia’s Deputy Premier and Minister for Industrial Relations. John Rau, said that he … Continue reading “MP wants to close a dodgy loophole but vision is what’s needed”
In response to proven breaches of occupational health and safety laws, judges usually apply financial penalties to companies and individuals. These penalties, like all court-ordered punishments are to deter the offenders from re-offending but also to show others the consequences of their actions. But what if an insurance company would pay for that penalty in … Continue reading “Insurance over OHS prosecution hits the deterrence effect”
Occupational health and safety (OHS) regulatory agencies have existed for decades, originally with an enforcement role but increasingly aimed to prevention and education. It is fair to say the “2nd generation” of OHS regulators in Australia appeared in the 1980s. It is also fair to expect to be able to readily access the corporate memory and prosecutorial … Continue reading “How can one learn from OHS mistakes if those mistakes are hidden?”
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 …
On 25 January 2010, Jalor Tools P/L was convicted of two breaches of the 1985 version of Victoria’s OHS Act following the death of Ekaterini Peripetsakis in the week before Christmas in 2006. Ekaterini was hit in the chest by a piece of the router tool that broke off at very high speed striking killing her. She … Continue reading “Prosecution of manufacturer of plant”