Industrial Manslaughter distracts from what really works

South Australia’s Industrial Manslaughter Bill is being negotiated in its Parliament. New South Wales’ version is in development, and Tasmania has said it does not want to be left out, so the government has flagged its intention to have Industrial Manslaughter (IM) laws. Each politician stresses the importance of these laws to deter employers from …

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Workplace suicides must be included in mental health discussions

[This article discusses suicide] WorkSafe Victoria has charged a government agency with breaching occupational health and safety (OHS) laws over the suicide of an employee. The UK Health and Safety Executive (HSE) has a different perspective. Several OHS researchers, academics and trade union lobbyists are battling the HSE to become more involved with investigating suicides …

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Toothless enforcement

Ross Gittins is a prominent Australian economics journalist. In The Age on September 20, 2023, he wrote an article about the recent spate of corporations being prosecuted and penalized for breaking the law. Many of his points can also relate to companies and executives breaking occupational health and safety (OHS) laws.

OHS lawyer says to trust your gut

Occupational health and safety (OHS) seminars can be a bit hit-and-miss. Sometimes they seem to be a front for promoting a new management program, but every so often, the information offered is perceptive and rewarding. Herbert Smith Freehills partner Steve Bell has been consistently rewarding over many years. No quoting Section 321 of an OHS …

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WorkSafe Victoria’s Director of Investigations says “Culture is nirvana”

Every so often, the spokespeople for occupational health and safety (OHS) regulators spread the public speaking load by having divisional heads speak at health and safety events. This week WorkSafe Victoria’s Director of Investigations, Peter Collins (pictured below), spoke at a breakfast seminar for the Australian Institute of Health and Safety, hosted by Herbert Smith …

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Industrial Manslaughter comes to South Australia…. finally

South Australia is the latest Australian jurisdiction to introduce Industrial Manslaughter penalties.  The magnitude of the potential penalties is reasonable, given that they come from an employer’s reckless conduct that leads to a fatality.  However, many of the deterrent and preventive impacts expected by politicians and advocates have not been proven. The Australian Broadcasting Corporation …

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Calling something an accident hides the truth

Jessie Singer published her book called “There Are No Accidents” last year. It is a pivotal book about safety and our understanding of the social and legal impacts of calling tragic events “accidents”. On June 13 2023, Singer spoke on Carnegie Council’s From Another Angle podcast about her book and the consequences of its publication. …

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