Seascape Construction – Possible Conviction in Error?

Recently it was reported that a Principal Contractor, Seascape Constructions, was convicted and fine $850K for 1 – failing to ensure the safety of persons other than it’s employee’s from risks arising from its undertaking when a contractor fell from a second floor and was killed and 2 – failing to issue SWMS to contractors … Read more

The Tragedy of Chain of Responsibility

It was meant to be a watershed moment in the regulation of safety in the transport industry. It was meant to result in all users of heavy vehicles having a good hard look at themselves. It was meant to ensure drivers did not carry the brunt of the majority of enforcement activity. It was meant … Read more

Hotel Quarantine

So do we think there are grounds for WorkSafe Victoria to prosecute the security guard who while employed as a security guard, and owing duties under the OHS Act engaged in sexual intercourse with persons in quarantine, who are assumed to have civod until the expiry of quarantine or testing proves otherwise, recklessly exposing themselves … Read more

Some Light Reading …..

I am just preparing some content for a client presentation and rereading the above case and it is just fantastic. I really encourage anyone who wants to understand the law as it applies to Principal Contractors and their independent contractors in respect of safety to read it. It is quite long but well written and … Read more

The Law of Imputation and Industrial Manslaughter

There seems to be some confusion that the principal of imputation of conduct will extend the reach of the Industrial Manslaughter legislation to employees and others e.g. those with management and control of a workplace (supervisors) This is incorrect. Imputing the conduct of a worker to a company means that the company is held to … Read more

KMQ Decision – Read Very Carefully

A recent decision by the Victorian Supreme Court refusing leave to appeal by a quarry (KMQ) against a conviction for a contractors death does not undermine the 2012 Baiada v The Queen High Court decision or extend liability for management of risks arising from a contractors work to Principal Contractors. It actually baffles my as … Read more