For some reason several Australian newspapers on 16 February 2010 carried articles about the possibility of prosecuting the Federal Environment Minister, Peter Garrett, over recent deaths associated with an insulation rebate scheme, he launched and his Department administers. The employers are drawing a long bow to support their calls. They are linking several related OHS … Continue reading “Australian employer groups are out for blood”
The legal commentaries have begun to appear following the release of Australia’s draft Work Health & Safety Act. One of the first, as usual, is a response from law firm Deacons. It should be noted before discussing the suggestions that in the last couple of months Australia’s OHS legal brains are now concentrated in this … Continue reading “Legal advice and safety management”
Safe Work Australia (SWA) has released the latest communique following the Workplace Relations Ministers’ Council meeting on 9 December 2009. Various amendments have been made to the draft Act following the public submissions period. Those amendments that SWA consider significant are: adoption of the definition of ‘officer’ in accordance with the Corporations Act 2001 and … Continue reading “News on Australia’s OHS model Act”
The public submission period for commenting on the Australia’s OHS model laws has closed and the submissions are gradually being made available on the Safe Work Australia website. At the time of writing there are around 15 submissions listed and Safe Work Australia has indicated that there are many more that are being sifted through at the moment. Each … Continue reading “Australia’s employers’ thoughts on OHS law”
On 14 October 2009, Australian law firm Deacons hosted a breakfast seminar of the draft OHS model law proposed by the Australian Government. The speaker, Mike Hammond, expressed concern about many sections of the draft laws because they do not seem to fit how OHS law has been structured in Australia and the UK for over thirty years. This is not to say … Continue reading “OHS is becoming criminal law in a social context”
When reading the draft documents for Australia’s harmonised OHS laws, it is very useful to run various scenarios or hazards through one’s mind and see how these could be affected or managed. The most challenging hazards are the psychosocial hazards (or bio-psychosocial as they were referred to at the recent Comcare conference in Canberra) of stress, mental … Continue reading “Contractor management in Australia’s new OHS laws”
The Safety Conference scheduled for Sydney at the end of October 2009 has finally got an OHS issue that is contentious and is also a work in progress. The unions are starting to make noise on the OHS laws. The employer groups are manoeuvring cautiously. The safety professionals are largely silent (again) but the lawyers … Continue reading “Lawyers identify contentious OHS law elements”