Following a recent article about Enforceable Undertakings, several readers have asked for more information about the occupational health and safety (OHS) breaches that cause WorkSafe New Zealand to commence prosecution actions. The investigation report provides some useful discussion on safety management failures and Board of Trustee obligations....
Steve Bell is a partner with Hebert Smith Freehills (HSF) in Melbourne, Australia. As many law firms do, HSF conducts several events each year to inform clients and others of occupational health and safety (OHS) and labour relations issues. In March 2017 Bell, who is the regular host at these events, spoke at a breakfast …
A major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations. Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of …
The Australian Government has released its report into a review of its national workers’ compensation scheme, Comcare, and the Safety, Rehabilitation and Compensation (SRC) Act. Some of the media (and politicians), as it often does, has focused on the seemingly absurd compensation claims. Few cases have gained the same degree of national and international attention as the sex case for instance, … Continue reading “Latest review into workers compensation provides OHS clues”
The increasing prevalence of pictorial social media has generated a surge in organisations generating “infographics” from workplace health and safety statistics Almost always these images are a technique for generating internet traffic through established websites, blogs and other online services. Fundamentally it is stealth advertising for the unwary online user. However, such images have much … Continue reading “WorkSafe tries a new promotional approach”
Neil Foster of the University of Newcastle is known to SafetyAtWorkBlog for his work looking at the legal liabilities of company directors and officers. Recently Foster released a paper called “You can’t do that! Directors insuring against criminal WHS penalties” which provides an additional legal context to an earlier blog article. Foster acknowledges that “…provisions of the criminal law imposing personal … Continue reading “Insurance may diminish a director’s commitment to their positive OHS duty”
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”