News & Analysis as of

Workplace Safety Australia

Victorian OHS enforcement: why change the game plan when your team is on top?

by Seyfarth Shaw LLP on

On Friday 24 March, Western Bulldogs kicked off their 2016 premiership defence with a tenacious win against Collingwood. Round 1 of the 2017 AFL season also coincided with the introduction of the WorkSafe Legislation...more

Beyond the Job Description – the Importance of Determining the Inherent Requirements of a Job

by K&L Gates LLP on

Returning an injured employee to the workforce can be a slow and sometimes costly process. Employers need to manage their obligation to provide all employees with a safe place to work with the need to ensure work commitments...more

Enforceable undertakings and where to find them

by DLA Piper on

Like J.K. Rowling's fantasy film Fantastic Beasts and Where to Find Them, enforceable undertakings are the magical creatures of work health and safety law, allowing defendants to devote their time and resources to initiatives...more

Update – the RSRT's 2016 Order

by K&L Gates LLP on

Delayed start? Yesterday, the Full Bench of the Road Safety Remuneration Tribunal (RSRT) heard from various applicants who had applied for variations to and a stay of the Contractor Driver Minimum Payments and Road Safety...more

Where do you sit in the Hierarchy?

by K&L Gates LLP on

Training, signage and personal protective equipment (PPE) are some of the more visible and "go to" risk control measures adopted throughout workplaces. These types of controls are often the first that come to mind because...more

Director prosecution and conviction in New South Wales

by Seyfarth Shaw LLP on

The NSW work health and safety regulator has brought a successful prosecution against a company director resulting in a criminal conviction and fines against the director and the company. An order was also made requiring the...more

Ending the Death Penalty in WHS Matters

by K&L Gates LLP on

Despite the fact that Australia has not executed anyone for a crime since February 1967, a recent coronial decision has lamented the willingness by some businesses to continuing with the death penalty for WHS matters. The...more

Experts Alone Cannot Save You - Australia Labour, Employment Workplace Safety Alert

by K&L Gates LLP on

A recent decision by the NSW Industrial Court (Court) is a further reminder that businesses can't hide behind appointed experts or delegate their safety obligations and responsibilities to others. It is also a reminder that...more

Breach of a Safety 'Golden Rule' Does Not Give Employers an Absolute Unfair Dismissal Defence

by K&L Gates LLP on

A recent Fair Work Commission (FWC) decision reinforces that proving a work health and safety breach will not act as an impenetrable mantra to defend an unfair dismissal claim. Employers must prove they act consistently (and...more

What to do When an Inspector Comes Knocking

by K&L Gates LLP on

Visits to workplaces by work health and safety (WHS) inspectors are a necessary part of the enforcement regime of WHS regulators. They often occur in circumstances where organisations are under considerable time pressures,...more

SafeWork Australia Releases Amended Work Health and Safety Regulations

by K&L Gates LLP on

SafeWork Australia has issued a revised version of the model Work Health and Safety Regulations (Regulations). The Regulations are not yet in force, but will introduce the following key changes if they are adopted in...more

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