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Practical Articles
  • Asbestos: New Warnings for Home Renovation
    New warnings have been issued on a potential risk of exposure to asbestos with the breaking news that thousands of Australians who have renovated their homes and ripped up old carpets may have exposed themselves to deadly asbestos fibres. Experts have warned that asbestosis and mesothelioma is now being seen in an ever-increasing number of people whose only exposure to asbestos has occurred in the home during renovations.
    Author: Steve Walker
    Firm: Walker Legal
    Date: September, 2009
    Times viewed:
  • Workers Compensation - Current News and Movements

    Official figures released by The Australian Safety and Compensation Council have confirmed that going to work can be fraught with danger with 236 fatalities and 132,055 serious workers’ compensation claims in Australia for the period 2006 to 2007. This is one of the biggest areas that our Workers Compensation Claims Lawyers specialise in.


    Author: Steve Walker
    Firm: Walker Legal
    Date: June, 2009
    Times viewed:
  • Employer, Labour Hirer and Independent Contractor All Liable for Death
    Emoleum (Aust) Pty Ltd v Cecil Henry Bond & Ors [2004] NSWCA 352: The NSW Supreme Court of Appeal has ordered a labour hire company, the company it hired labour to and an independent contractor to pay damages in respect of the death an employee of the labour hire company.
    Author: Tony Cardillo
    Firm: Harris Wheeler
    Date: August, 2005
    Times viewed: 614
  • Industrial Manslaughter Laws in NSW: Directors and Managers Beware
    Workplace deaths are still a major concern within our community as illustrated by the vehement protests following the death of a 16-year-old apprentice from a construction site in October 2003.
    Author:
    Firm: Toomey Pegg Drevikovsky
    Date: August, 2005
    Times viewed: 1237
  • Employers Take Care: OHS Penalties Increased
    For over twenty years now, modern occupational, health and safety (OHS) laws have played an important role in the workplace. Recently, however, Victoria has proposed controversial new changes to the legislation.
    Author: Gerard Lethbridge
    Firm: Lethbridges Barristers & Solicitors
    Date: July, 2005
    Times viewed: 1187
  • Psychiatric Illness Claim
    The High Court has denied an employee damages for stress caused by overwork. This article examines the impact of the decision.
    Author: Kirk Lovric and Erin Hawthorne
    Firm: Allens Arthur Robinson
    Date: May, 2005
    Times viewed: 709
  • Workplace Fatalities in New South Wales
    The New South Wales Government has released a revised Bill that will amend the Occupational Health and Safety Act 2000 (NSW) (the OHS Act). The new Bill, currently a consultation draft, addresses many of the problems in the previous proposal that was withdrawn in April following sustained criticism.
    Author: Peter Arthur
    Firm: Allens Arthur Robinson
    Date: May, 2005
    Times viewed: 687
  • Liability of Directors for Industrial Manslaughter
    In January 2005, a UK managing director was sentenced to 16 months' imprisonment for manslaughter following a workplace fatality. This article examines the case and the potential to use common law manslaughter to prosecute directors in the UK and Australia.

    Author: Dr Kirk Lovric
    Firm: Allens Arthur Robinson
    Date: April, 2005
    Times viewed: 1097
  • New Era of Workplace Health and Safety for Victoria
    A tough new era for employers was signalled on 15 November 2004 when the Victorian government announced a package of reforms to workplace health and safety. From 1 July 2005, employers can face jail and maximum fines of close to a million dollars if they knowingly expose workers to serious occupational health and safety risks.
    Author: Simone Szalmuk- Singer, Consultant and Kathryn Dalton, Partner, Workplace Relations Group
    Firm: Herbert Geer
    Date: March, 2005
    Times viewed: 598
  • Too Tired to Work
    Take a minute to imagine the following scenario. It's Friday morning, at the end of yet another long week at the office. As you enter the reception area, you observe that the receptionist appears to be fast asleep. As she slumbers on, you wonder what disciplinary action you are entitled to take. Is hitting the sack a sackable offence?
    Author: Simone Szalmuk- Singer, Consultant and Kathryn Dalton, Partner, Workplace Relations Group
    Firm: Herbert Geer
    Date: March, 2005
    Times viewed: 1324
  • Directors Personally Fined over Workplace Bullying
    A NSW Industrial Relations Commission decision serves as a clear warning that token fines in workplace bullying cases are not adequate penalties for a director.
    Author:
    Firm: Allens Arthur Robinson
    Date: December, 2004
    Times viewed: 1012
  • Personal Criminal Liability for OHS Offences
    This article examines the recent Gretley decision in NSW and outlines the circumstances where an individual may be personally liable for occupational health and safety breaches.
    Author: Ric Morgan
    Firm: Allens Arthur Robinson
    Date: September, 2004
    Times viewed: 876
  • Workplace Harassment Standard
    A new workplace health and safety advisory standard has been issued in Queensland, officially acknowledging workplace harassment as a health and safety issue.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: August, 2004
    Times viewed: 826
  • Psychiatric Harm in the Workplace
    The rise in WorkCover claims for stress-related illness has highlighted the duty owed by an employer to take reasonable care to prevent psychiatric harm.
    Author:
    Firm: Allens Arthur Robinson
    Date: August, 2004
    Times viewed: 833
  • Latham Labor Industrial Relations Policy
    With a federal election on the horizon, Lawyer Nico Burmeister considers how the industrial relations landscape may change, should the ALP gain power.
    Author: Nico Burmeister
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 634
  • Core OH&S Obligations in NSW
    A number of fatal accidents on construction sites, and the forthcoming proposals to occupational health and safety laws based on the findings of the Cole Royal Commission into the construction industry, are forcing commercial developers and builders to consider their occupational health and safety obligations. In this Focus, we outline the OH&S obligations imposed on various parties and the implications of the non-delegability of the statutory duties.
    Author: Leighton O'Brien
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 1600
  • What is the Value of a Good Record in OHS?
    A recent New South Wales Industrial Relations Commission decision2 indicates that a good occupational health and safety (OHS) record may do little to minimise the penalty imposed by a tribunal in a prosecution for breach of OHS legislation. Consultant Ric Morgan reports.
    Author: Ric Morgan
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 626
  • Common Rule Awards for Victoria
    The Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003 (Cth) came into effect on 1 January 2004 and reintroduces a system of common rule awards in Victoria. Lawyer Rosemary Bryant-Smith reports.
    Author: Rosemary Bryant-Smith
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 898
  • Beware the Illegal Acts of Third Parties
    A recent decision of the NSW Industrial Relations Commission demonstrates that employers may be liable under the NSW Occupational Health and Safety Act, even if the risk to employees stems from the unlawful acts of non-employees10. Law graduate Louise Keats reports.
    Author: Louise Keats
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 604
  • Positive Discrimination Out of Favour
    Refusing an employee's request to return to work part-time after maternity leave is not discriminatory, so long as there are reasonable grounds for the refusal, according to a judgment handed down this month in the Federal Magistrates Court13. Law graduate Scott Aspinall reports.

    Author: Scott Aspinall
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 656
  • Directions in OHS – the year in review
    This year, New South Wales, Queensland, South Australia, Victoria and the Australian Capital Territory amended or commenced reviews of their occupational health and safety (OHS) legislation. While the reviews and amendments cover many areas, the important issues include inspectors' powers, new and alternative penalties, and specific targeting of workplace deaths through industrial manslaughter offences. Are there any nationally consistent policy and legal directions? Consultants Dr Kirk Lovric and Ric Morgan report.
    Author: Dr. Kirk Lovric and Ric Morgan
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 646
  • Be mindful of the children
    The High Court recently confirmed that employers not only owe a duty to their employees in regard to their safety and well-being at work, but also to those who are in a close and loving relationship with those employees. (Gifford v Strang Patrick Stevedoring Pty Ltd [2003] HCA 33; 77 ALJR 1205)
    Author: Kathy Dalton and Kris Growcott
    Firm: Herbert Geer
    Date: December, 2003
    Times viewed: 478
  • Assaulted Employee Beaten by Causation Hurdle
    The plaintiff was assaulted in the course of his employment as a cleaner. He commenced proceedings against his employer, Prestige, for failing to ensure that proper security measures were in place.
    Author: James McLean
    Firm: Moray & Agnew
    Date: December, 2003
    Times viewed: 563
  • Time to clean up your act
    WorkCover New South Wales has launched two new publications providing guidance to the cleaning industry regarding occupational health and safety and injury management practice.
    Author: Michael Tooma
    Firm: Deacons
    Date: October, 2003
    Times viewed: 352
  • Reporting Requirements for Workplace Injuries under the Workplace Injury Management & Workers Compensation Act 1998 and the Occupational Health & Safety Act 2000
    Recent amendments to the Workplace Injury Management & Workers Compensation Act 1998 (WIM Act) and the Occupational Health & Safety Act 2000 (OHS Act) which commenced on 1 September 2003 may have significant impacts on the reporting of workplace injuries to WorkCover.
    Author: Rachael Sutton and Troy Plummer
    Firm: Moray & Agnew
    Date: October, 2003
    Times viewed: 567
  • Food for thought - Franchisor/Franchisee liability
    Recent case law has confirmed that franchisors have duties under Victorian Occupational Health and Safety (OHS) legislation to their franchisees and their employees. A current Victorian Government funded survey, covering exploitation and unsafe work practices in the fast food industry may pinpoint franchisors not complying with OHS and Industrial Relations legislation. Now is the time to review your policies and procedures.
    Author: Greg Hipwell and Sarah Jones
    Firm: Deacons
    Date: October, 2003
    Times viewed: 608
  • “Industry Practice” no shield against OH & S prosecutions
    Recent decisions in the Industrial Relations Commission make it clear that employers of workers who are injured on construction sites cannot expect leniency where the work practice complained of was based on “industry practice”. Similarly, it is no excuse to say that there is no practicable method of providing adequate protection in case such an accident should occur again in the future. Further, the Commission has shown that it will take the pro-active approach of strongly urging that Workcover convene discussions within the building industry where particular solutions must be found to widely-occurring safety problems. Contractors should take heed and ensure their current OH&S strategies are genuinely pro-active.
    Author: Irene Wales and John Murray
    Firm: PricewaterhouseCoopers Legal
    Date: October, 2003
    Times viewed: 681
  • Construction companies prepare – national reforms to workplace safety on the way
    The 18 September 2003 release of the Building and Construction Industry Improvement Bill 2003 exposure draft represents the first step in bringing about sustained reform to the workplace relations laws governing the building and construction industry nationally. This article covers the proposed changes and highlights the importance of reviewing your occupational health and safety (OHS) policies now.
    Author: Michael Tooma and Andrew Ang
    Firm: Deacons
    Date: October, 2003
    Times viewed: 553
  • OHS infringements – Directors held personally liable
    Two recent decisions of the Industrial Relations Commission of New South Wales are a sobering reminder of the personal liability of directors and managers for breaches of OHS legislation by their companies.
    Author: Michael Tooma and Andrew Ang
    Firm: Deacons
    Date: October, 2003
    Times viewed: 454
  • Please Don't Sit Down
    Australia Post was recently found to have acted unlawfully when it refused to allow a worker to sit down whilst at work. The Federal Court decision serves as yet another example of the consequences of failing to make reasonable adjustments for workers with disabilities, who require them in order to remain in employment. (see Daghlian v Australian Postal Corporation [2003] FCA 759 (23 July 2003))
    Author: Kathryn Dalton and Simone Szalmuk-Singer
    Firm: Herbert Geer
    Date: September, 2003
    Times viewed: 477
  • Yet More Stress...
    Did you know that the way in which you conduct your disciplinary and termination procedure could not only affect your ability to defend an unfair dismissal or discrimination claim, but also a WorkCover claim?
    Author: Noel Callcott
    Firm: Herbert Geer
    Date: September, 2003
    Times viewed: 561
  • Accidents in the workplace: A new way to notify
    Employers and occupiers need to be aware of important changes to requirements to notify WorkCover about workplace accidents under the Occupational Health & Safety Act 2000 (NSW) (OHS Act) and Occupational Health and Safety Regulation 2001 (NSW) (OHS Regulation).
    Author: Andrew Saxton and Daniel Miller
    Firm: Ebsworth & Ebsworth
    Date: September, 2003
    Times viewed: 661
  • Developments in claims for psychiatric injury
    Over the last twenty years, claims for psychiatric injury in Australia have suffered from a lack of clear authority. Until the High Court's decision in Tame v New South Wales and Annetts v Australian Cattle Stations in September last year, the most recent decision of the High Court had been Jaensch v Coffey in 1984.
    Author: David Ruschena
    Firm: Phillips Fox
    Date: September, 2003
    Times viewed: 650
  • Workplace Deaths in WA – New Laws and Penalties on the Way
    Corporations in Western Australia could be fined a maximum of $500,000 for a first offence and $625,000 for subsequent offences under proposed tough new occupational health and safety laws. Companies employing commercial drivers will also need to watch out for new regulations targeting driver fatigue.
    Author: Leanne Nickels and Ben Walker
    Firm: Deacons
    Date: August, 2003
    Times viewed: 437
  • Developments in costs in the Workers Compensation Commission
    This article discusses two recent developments in costs in the Workers Compensation Commission. The first is the new regulations introduced on 28 February 2003; the second is the on-going challenge to the validity of the costs regulations.
    Author: Michelle Castle, Maurice Polkinghorne
    Date: May, 2003
    Times viewed: 479
  • Impact of SARS in the workplace
    The recent epidemic of Severe Acute Respiratory Syndrome (SARS) is a major cause for concern among employers. Employers, especially those with a large expatriate workforce, are faced with the dilemma of having to balance their competing interests of protecting their staff while ensuring they uphold their legal obligations.
    Author: Anthony Wood and Jacqui Kaplan
    Firm: Freehills
    Date: May, 2003
    Times viewed: 526
  • SARS Alert
    Sudden Acute Respiratory Syndrome ("SARS") may be a new medical phenomenon that raises some old law. Old law is often worth revisiting.
    Firm: Abbott Tout
    Date: April, 2003
    Times viewed: 330
  • Rehabilitation a two-way street
    A recent decision of the Queensland Industrial Relations Commission emphasises that, while employers need to provide reasonable rehabilitation opportunities for injured employees, employees also need to cooperate. Lawyer John Naughton reports.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: April, 2003
    Times viewed: 639
  • Artifical positions for injured employees
    The merit of having a clearly defined rehabilitation policy and the need to ensure that alternative or modified duties are always clearly offered as part of a programme to return the injured employee to pre-injury duties has been shown in a recent Full Court of the Federal Court decision. The decision has relevance to disability discrimination claims under equal opportunity legislation and unlawful termination claims under the Workplace Relations Act 1996.
    Author: David McLaughlin
    Firm: Deacons
    Date: April, 2003
    Times viewed: 607
  • After-work drinks – an employment issue
    Williamson engaged Kortegast to carry out construction work. At 7.00 pm, Kortegast had finished his work for the day and had joined Williamson and his co-worker for a few beers at the site when he fell from the first floor extension onto the concrete floor, 2.8 metres below.
    Author: Marnie McConnell
    Firm: Deacons
    Date: March, 2003
    Times viewed: 614
  • Accommodating disabled employees
    Natalie Shaw discusses further the decision of the New South Wales Administrative Decisions Tribunal in Perlidis v Brambles Security Service (reported in Julian Riekert's article above). This decision shows that employers must make inquiries about internal services and facilities for accommodating workers with disabilities.
    Author: Natalie Shaw
    Firm: Allens Arthur Robinson
    Date: March, 2003
    Times viewed: 599
  • Balancing OHS and discrimination obligations
    Three recent decisions of the New South Wales Administrative Decisions Tribunal (NSWADT) have emphasised the often conflicting obligations imposed on employers in relation to their employees and the workplace.
    Author: Julian Riekert
    Firm: Allens Arthur Robinson
    Date: March, 2003
    Times viewed: 679
  • Employers Give a Sigh of Relief
    After a long wait, the High Court has finally affirmed that the limitation period for which injured workers can seek compensation remains at 3 years (Limitations of Actions Act 1974) and has not been altered by the WorkCover Act 1996. Most importantly, time commences from the date of the cause of action arises (usually the date of the accident) not the date that Workcover issue the Notice of Assessment.
    Author: Amanda Karpeles
    Firm: Abbott Tout
    Date: February, 2003
    Times viewed: 508
  • Tougher penalties under new occupational health and safety laws
    This newly created obligation requires employers to continually consult with their employees on Occupational Health and Safety matters, and for some to establish OHS committees and representatives.
    Author: Heechung Sung
    Firm: Abbott Tout
    Date: January, 2003
    Times viewed: 575
  • Damned if you do or if you don't
    Julian Riekert reviews the uneasy tension between health and safety obligations and anti-discrimination principles that can leave employers stuck between a rock and a hard place.
    Author: Julian Riekert
    Firm: Allens Arthur Robinson
    Date: December, 2002
    Times viewed: 700
  • Fairchild v Glenhaven Funeral Services Ltd
    The unanimous decision of the House of Lords in Fairchild v Glenhaven Funeral Services Ltd1 in June this year determined that, in special circumstances, multiple employers who breach their duty to take reasonable care to prevent an employee being exposed to asbestos dust may be liable for damages.
    Author: Sophie Chamberlin
    Firm: Allens Arthur Robinson
    Date: December, 2002
    Times viewed: 1050
  • New programs for managers and HR professionals
    The Institute of Knowledge Development (IKD) is offering a new series of public and customised equal opportunity programs for managers and human resources professionals.
    Author: Jil Toovey, Institute of Knowledge Development
    Firm: Freehills
    Date: November, 2002
    Times viewed: 505
  • Labour hire companies in the firing line
    Increased use of outsourced labour has coincided with a number of prosecutions of labour hire companies under workplace health and safety legislation. Joanne Wallis and Del Bobeff outline recent developments.
    Author: Joanne Wallis and Del Bobeff
    Firm: Allens Arthur Robinson
    Date: October, 2002
    Times viewed: 800
  • Are you ready for the new OHS obligations?
    New Occupational Health and Safety (“OHS”) obligations commence in NSW on 1 September 2002 for most employers. The obligations require employers to develop procedures for OHS consultation and undertaking risk assessments.
    Author: Wayne Spanner and Michael Tooma
    Firm: Deacons
    Date: September, 2002
    Times viewed: 437
  • Drug addiction in the workplace
    The Anti-Discrimination Amendment (Drug Addiction) Act 2002 (NSW) (Act) received assent and came into force on 15 April 2002.
    Author: Robyn Mcllroy
    Firm: Freehills
    Date: August, 2002
    Times viewed: 417
  • Drugs and Alcohol Policies - The Higher the Safety Risk the Greater the Need
    Occupational health and safety laws require employers to ensure that the health, safety and welfare at work of their employees, contractors and any other visitors to their workplace. The requirement to provide a safe environment at work goes far beyond a regular check or routine maintenance of machinery to ensure it is safe.
    Author: Janet Newman
    Firm: Deacons
    Date: May, 2002
    Times viewed: 558
  • Employer Obligations Regarding Employees’ Use of Internet and E-mail
    This article examines steps employers should take to ensure that employee use of internet and e-mail facilities does not expose the employer to breach of anti-discrimination laws and/or workplace health and safety obligations.
    Author: Philip Copeland
    Firm: Corrs Chambers Westgarth
    Date: April, 2002
    Times viewed: 778
  • Bullying in the Workplace - a Health and Safety Hazard
    The culture of silence and secrecy that surrounds workplace bullying leads to the development of hostile and even violent working environments. The perception is that ‘management inertia’ is the cause. Whatever the reason, the consequences for organisations can be dire. Apart from the direct impact on employees who are targets or even witnesses, bullying often results in falling productivity and a significant drain on resources. There could well be legal consequences for the employer.
    Author:
    Firm: Abbott Tout
    Date: April, 2002
    Times viewed: 835
  • Taking a broad view of manufacturers’ obligations
    A recent decision of the Full Bench of the Industrial Relations Commission of New South Wales has redefined the duties of suppliers and manufacturers of plant and equipment.
    Author: Barry Sherriff
    Firm: Freehills
    Date: December, 2001
    Times viewed: 537
  • Tougher penalties for occupational health and safety breaches
    Examines the decision of the Victorian Supreme Court imposing fines of $2 million on Esso after the company was found guilty of 11 criminal charges brought under occupational health and safety legislation.
    Author: Penny McMahon
    Firm: Freehills
    Date: August, 2001
    Times viewed: 596
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