Governments use legislation and the threat of punishment as a deterrent for dangerous actions and poor decision-making. Imposing harsh consequences is hoped to change the behaviour of companies and individuals. Occupational health and safety (OHS) laws are no different with deterrence being used to justify the introduction and enforcement of Industrial Manslaughter laws, for instance. …
Gaby Grammeno has been writing about workplace health and safety (WHS) issues for longer than I have. Her work for Workplace OHS, a subscription OHS news service, includes an “ask an expert” service and her latest is a comparison between the OHS/WHS laws involving “reckless endangerment” and “industrial manslaughter”. The article is of interest to …
With little surprise, at the Australian Labor Party (ALP) Conference in Victoria on 26 May 2018, Premier Daniel Andrews has included the introduction of Industrial Manslaughter laws as a formal part of the campaign for re-election in November 2018. According to his media release, if re-elected, “.., employers will face fines of almost $16 million and …
In 19 February 2018, Safe Work Australia (SWA) “launched” the independent review of Australia’s Work Health and Safety laws under former Executive Director of SafeWorkSA, Marie Boland. SWA has released a 49-page discussion paper, a summary and a list of questions. Below is an initial response to some of those questions. What are your views on …
The latest push for Industrial Manslaughter laws in Australia has appeared as part of the Tasmanian state election. The Tasmanian branch of the Australian Labor Party released its policy platform for jobs in February 2018 which makes specific and vague commitments on workplace safety which require scrutiny. Precarious Work The Tasmanian Labor Leader, Rebecca White, …
In all of the discussion about the new industrial manslaughter laws in Queensland, the topic of directors and officers liability insurance has been overlooked. As mentioned in an earlier article “….the Queensland Government has promised to ban insurance products that pay occupational health and safety (OHS) penalties imposed against employers.”...
The Queensland Government is in the middle of a debate in Parliament and the media about the introduction of industrial manslaughter as an offence related to serious occupational health and safety (OHS) breaches. It is both a good and a bad time for this debate. The laws are likely to pass but the debate is …