‘Right of entry’ under NSW OHS law clarified in court
03 July, 2009The rights of union officials to enter sites under NSW OHS legislative criteria was clarified recently in the Federal Court.
Severity of injury only one factor when determining penalty
02 July, 2009A recent court case in the Industrial Court of Queensland clarifed the factors that determine the extent of fines imposed.
Charges laid over fatal failure of swing stage scaffold on Gold Coast
05 June, 2009Three companies have been charged over the deaths of two construction workers at a Gold Coast high-rise construction site last year.
Conviction and fine for not ensuring sub-contractor safety
02 June, 2009Failing to ensure the safety needs of contractors were addressed has cost a major poultry processor a conviction for OHS law breaches and $100,000.
WA government concerned over national OHS legislation
28 May, 2009The Western Australian government has raised a number of concerns over the proposed national model OHS legislation at the recent WRMC meeting.
Safety responsibilities cannot be outsourced
18 May, 2009Companies employing subcontractors should be conscious of their responsibilities to provide a safe environment for all people working on their behalf, not just employees, and that safe work practices are being carried out by all of them.
Legal consequences of safety failings
09 April, 2009During the month of April, several major workplace health and safety cases will be before Victorian courts as WorkSafe ramps up its campaign to reduce preventable deaths and injuries.
Workplace safety threatened by bullying
20 March, 2009Safety in the workplace is under threat as bullying increases, warns the unions.
Client legal privilege issues in managing and investigating safety incidents — Part 3
12 December, 2008 by Katherine Morris*We conclude the three-part series by looking at how privilege can be jeopardised by the actions of external lawyers and organisations involved in the incident. It is vital that procedures are put in place within an organisation to ensure that privilege is maintained and not expressly or impliedly waived.
Crucial High Court decision on OHS appeal
18 November, 2008After a lengthy appeals process, a High Court decision has cleared the way for two significant safety prosecutions in South Australia to proceed.
Client legal privilege issues in managing and investigating safety incidents — Part 2
14 November, 2008 by Katherine Morris*In part 2, we look at issues concerning legal advice in relation to a safety incident, and look at ways to control internal investigations and documentation to maintain legal privilege.
Client legal privilege issues in managing and investigating safety incidents — Part 1
13 October, 2008 by Katherine Morris*This is the first article in a three-part series that discusses the matter of client legal privilege in the context of managing and investigating safety incidents and outlines practical issues surrounding it.
Public to have say on Model OHS Laws
04 June, 2008The National Review into Model OHS Laws is now open to public review, with any interested persons invited to write a submission before 11 July 2008.
OHS laws under review
15 April, 2008The Minister for Employment and Workplace Relations, Julia Gillard, has announced a national review into model OHS Laws.
The legislation for 'rogue employers'
07 July, 2005On 10 June 2005, the Occupational Health and Safety (Workplace Deaths) Bill 2005 (NSW) (Workplace Deaths Bill) completed its passage through both houses of the New South Wales Parliament