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”
According to an AAP report released on 8 October 2009, Australian homeowners could be liable for the injuries of workmen on their premises. According to Michael Tooma of Deacons law firm, the breadth of the proposed OHS model laws could cause big legal problems for homeowners (as if interest rate rises and balcony collapses were not enough). … Continue reading “Perhaps a step too far on homes as workplaces”
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”
Michael Tooma, of the Australian law firm Deacons, is often the first labour lawyer to comment on Australia OHS Law matters and this week was no different. While many of us are continuing to digest the draft OHS Act, Tooma has identified several issues of interest. Some are discussed below. [Tooma’s full legal update is available HERE] … Continue reading “Deacons are first with harmonised OHS law comments”
There are few motivations that are more effective for improving workplace safety than facing a grieving relative. On 17 September 2009, the impact of the OHS law harmonisation on workers and their families came to the fore in an article in the Sydney Morning Herald (SMH) entitled “Deaths at work put sharper focus on liability”. The workplace support advocates … Continue reading “The harmonisation challenge in Australia gets more difficult”
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”
Radical Concept 1 – A vehicle can be workplace Today the Australasian New Car Assessment Program (ANCAP) urged fleet managers to consider OHS obligations in their choice 0f work vehicles. ANCAP said “Our understanding of the OH&S principles is that there is an obligation on companies and fleet managers to ensure a safe workplace. “Vans certainly constitute … Continue reading “Vehicles are workplaces too”