Articles

Articles

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

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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

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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

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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

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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

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ContractorLIFE – Episode 1

For the First webinar of the Four Pillars of Contractor Safety Management Series – Contractor Prequalification I made a little video. …. Enjoy ! Don’t forget you can still enrol for the workshops here or AIHS.org.au View Here

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Imitation is the Highest Form of Flattery

A linkedin connection recently sent me a link to a webinar they attended conducted by a very large online OHS software company in conjunction with a very large OHS consulting firm. The content was based on 4 elements of contractor management …. mmm eerily familiar. Sadly that’s where the similarity ended as the content was

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Lets See Where This Goes

The CFMMEU has launched legal action in the Federal Court alleging that the failure to provide a copy of a documented worksite safety management plan amounted to obstructing or hindering an Authorised Representative of a Registered Employee Organisation (ARREO). Now ,on entry an ARREO has the power to inspect plant, substance or any other thing

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Increasing Awareness of COR – ABC 774 Interview

While listening to ABC 774 today I heard a discussion of the horrific accident involving a heavy vehicle which resulted in the tragic deaths of four police officers. During the discussion a caller commented that there needs to be a way to prevent heavy vehicle drivers from being pressured into taking drugs to stay awake.

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The 4 Pillars of Contractor Safety Management

I presented a webinar yesterday in conjunction with the Australian Institute of Health and Safety setting out the simplest and most effective formula for managing contractor safety. It improves safety, massively reduces administration and correctly reflects how the law is applied to the contractor/ PC relationship. The framework uses 4 pillars to 1 – Prequalify

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NSW R v Sapform – A Problematic Decision

In NSW a contractor was fined $450K following the death of a sub contractor who fell when laying suspended form work and was impaled on protruding bars. Whilst I have no difficulty with the site PC being held responsible for managing work at heights at the site. I am concerned that the Contractor was held

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The Myth of Non- Delegable WHS Duties

Whenever I post about contractor safety management someone inevitably pipes in that all WHS duties are non-delegable and therefore a Principal Contractor is liable for their contractors safety management. This is a myth (for a couple of reasons) and misunderstands the WHS Construction regulations in every jurisdiction. Under ALL WHS regulation the owner of a

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Managing Covid 101

WOSH Duty – identify operations that expose workers to Covid .e.g health care and implement reasonably practicable controls. 1 – eliminate exposure e.g. don’t take passengers in cab of tow truck/ work from home 2- isolate e.g. install physical barriers in a taxi 3 – substitute e.g. online/ telephone vs face to face 4 –

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Toll Data Breach – A Warning for Others

Under the banner of chain of responsibility employers in the transport industry are coercing transport operators and drivers to hand over personal and commercially sensitive information e.g. licenses, vehicle data and travel information, without any legal basis to do so. If you do this you are required to keep that information secure. If it leaks

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Industrial Manslaughter and Contractor Management

A topic grabbing everyone’s attention at the moment is industrial manslaughter and as always fear is in the air. Principal Contractors may think the best course of action is to take more control of contractors operations when the opposite is needed. The more control you take the more liability you have. Make sure your contractors

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Industrial Manslaughter – Is WOHS Legislation A Sword or Shield

Is the cacophony of legal noise around IM preventing us from seeing that the tools to manage it are already staring us in the face? Is the fear of IM going to drive regression into draconian, rule driven safety management practices? Should we abandon the movement away from progressive safety management? I am going to

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COR Vehicle Maintenance Obligations – Don’t Get Spooked

I have just read in an opinion piece with the following comment “Other CoR parties’ (other than drivers and transport operators) maintenance responsibilities are only likely to be triggered where they observe a vehicle defect. In this case, their responsibilities are likely to involve not permitting the use of the unsafe or defective heavy vehicle

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3rd Party Auditing – The Slippery Slope Into Liability

Engaging specialist 3rd party’s to assess and approve the safety arrangements of contractors is sadly quite common place these days (its a bit of a money spinner). Many of these companies offer services where they establish complex systems and criteria against which they asses contractor safety management. They collect contractor documentation, review it, go back

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