New South Wales is the latest Australian jurisdiction to introduce a penalty for Industrial Manslaughter (IM) in its occupational health and safety (OHS) laws. One of the primary aims of significant penalties like IM is to deter others from making similar negligent decisions related to workplace health and safety. But deterrence is a fickle beast....
Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention. ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the …
Last week, a miner, Kurt Hourigan, died in a rockfall in a gold mine in the rural city of Ballarat. Another was rescued, and over twenty work colleagues were able to access a safety pod and exit the mine later. Accusations of mismanagement and deficient occupational health and safety (OHS) practices are rife. The media …
The Australian Broadcasting Corporation (ABC) has published an article about concerns by West Australian local governments with exposure to prosecution for Industrial Manslaughter under WA’s work health and safety legislation. The concerns seem wellfounded, but the article lacks a social and moral context....
Occupational health and safety (OHS) has always dealt with death. Many of the most significant legislative and operational changes have resulted from one or more work-related deaths. The horror and tragedy of each death cause us to redouble our efforts to prevent untimely death. The reality of occupational deaths and the quest to prevent death …
It was inevitable that all States in Australia would end up with Industrial Manslaughter (IM) penalties related to occupational health and safety (OHS). Tasmania is the latest to start the consultation on these laws, and again, it has required a work-related tragedy to generate the outrage that seems required for such a push. The Australian …
Engineered stone manufacturers are, understandably, not happy with Australia’s proposed ban on their silicosis-generating products. Some home builders have also expressed dissatisfaction. They are often ignoring the reason for the ban – the unnecessary deaths of workers – although at least one argument has merit. In an article by the Australian Broadcasting Corporation, Caesarstone, the …
