Legal analysis of the Montara oil spill inquiry reports have started to emerge. One of the first is by Allens Arthur Robinson (AAR). It does not discuss safety specifically but in many people’s minds Montara was not an occupational safety disaster as no one was injured. To many the explosion has far more relevance as … Continue reading “Analysis of Montara oil spill reports begins”
Comcare is often seen as a minor player in OHS regulation in Australia because, although it has national coverage, it limits its OHS and workers’ compensation activities to specific industrial and public service sectors. Although it is limited, it has a monopoly in those sectors and is powerful. Its role in Australia’s harmonisation program seems to be just another … Continue reading “Comcare at Senate Estimates – enforcement performance indicators”
If Victoria is the jurisdiction with the least changes needed to meet the new Work Health & Safety Act, it is worth looking at a recent enforcement activity. On 21 April 2010, WorkSafe Victoria announced an enforceable undertaking with the Department of Education & Early Childhood Development (DEECD). According to the WorkSafe media release this agreement “…requires all equipment … Continue reading “Is the Education Dept getting off lightly?”
A feature article on workplace bullying in The Age newspaper on 10 March 2010 has the additional or secondary benefit of again raising the relevance of “restorative justice” to the issue of occupational safety and health. The main element of the article is the McGregor family who had two children commit suicide over related issues. The son, Stuart … Continue reading “Workplace bullying and restorative justice – how to help the families left behind”
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 … Continue reading “Do “enforceable undertakings” equal justice?”
At the moment Australian OHS professionals, lawyers and businesses are preparing submissions to the Government on the harmonisation of OHS laws. One of the areas that the Government is seeking advice on is penalties. The Discussion Paper asks the following Q17. Are the range and levels of penalties proposed above appropriate, taking account of the levels set for breaches … Continue reading “New approaches on OHS fines and penalties”
Comcare has instigated a hefty list of enforceable undertakings (EU) against John Holland Rail (JHR) after a contractor, Jack Wilmot, needed a finger amputated after a workplace injury. According to the report on the Comcare website “…an apprentice boilermaker was involved in an incident which resulted in crush injuries to his left index finger at … Continue reading “Finger injury causes hefty new safety agenda for John Holland Rail”