WA Director Imprisoned for Gross Negligence after Workplace Fatality

A huge thank you to Greg Smith from Wayland Legal and Jackson McDonald for volunteering his time last week to present to members of the Australian Institute of Health & Safety (‘AIHS’). Greg was the defence counsel for Mark Withers, the first company director in Australia to be imprisoned for gross negligence for a workplace fatality. The gross negligence conviction is expected to […]

Work Health and Safety Experts Present to the Australian Insurance Law Association

The Work Health and Safety Experts would like to thank the Australian Insurance Law Association and Eleanor Scarff from Dwyer Durack for the opportunity to speak on the upcoming compliance and regulatory requirements of the Work Health and Safety Act for Western Australia. Over 100 members attended the event to learn further information regarding the legislative changes for Western Australia, including […]

Work Health and Safety Experts Awarded HSE Goldfields Contract

The Work Health and Safety Experts have been awarded a two-year Master Services Agreement with a prominent Western Australian mining organisation. Under the Agreement, 13 HSE advisors will be supplied on varying rosters to oversee the occupational health and safety management of the mining operations. The Agreement now brings a total of 44 Work Health […]

LibertyWorks Inc Commence Legal Challenge to Australia’s Travel Ban

LibertyWorks Inc has launched a Federal Court challenge to Australia’s international travel ban, stating that Health Minister Greg Hunt has no blanket power to stop all citizens from leaving Australia, only an individual citizen under ministerial powers referred under the Biosecurity Act 2015 (Cth). As outlined in section 96(1), ‘an individual may, for a specific […]

Work Health and Safety Experts Awarded Three Year MSA

The Work Health and Safety Experts have been awarded a multi-million dollar, three year Master Services Agreement (‘MSA’) by one of Australia’s largest mining and construction contractors. The MSA includes the supply of a range of work health and safety and occupational hygiene professionals to further support the national operations of our latest client. […]

Work Health and Safety Experts Engaged to Supply HSE Consultants for Mining Shutdown Coverage

The Work Health and Safety Experts (‘WHSE’) have been engaged by a South Australian-based operation to provide health, safety and environment advisor coverage commencing 2021. Our HSE Advisors will be responsible for responsible for a range of duties, including: Daily toolbox talks and focus topics; Delivering inductions and HSE training; Incident investigations to be performed […]

Western Australia Advances with Industrial Manslaughter Provision

WA’s attempt at the harmonised work health and safety laws would appear to be on the way. The impending industrial manslaughter laws, however, contradicts the existing WA Criminal Code manslaughter provisions. Under clause 30A of the Work Health and Safety Bill 2019 (WA), an individual who commits manslaughter whilst performing employed duties will be imprisoned […]

Psychiatric Injuries Awarded from Electric Shock – Butcher v Inflight Logistics Services Pty Ltd [2016] QDC 101

Brad Butcher was employed by Inflight Logistics Services to drive food and beverage trucks to aircraft within Brisbane Airport. On 22 January 2013, Butcher received an electric shock whilst holding an electrical cord and a metal frame of a hydraulic bin lifter. Butcher was observed by a witness lying on the ground for between five […]

Demobilising Employees with Serious Mental Health Concerns – Zerjavic v Chevron [2020] WASCA 40

The WA Supreme Court has dismissed an appeal from a decision in the WA District Court which provides some guidance as to how to demobilise any employee displaying serious mental health concerns.  Overview  Zeljko Kerjavic was a contractor electrician based on Barrow Island, Western Australia. During the site inductions, the employee obtained the mobile phone […]

Blast Locations Must be 500m Away – Department of Planning and Environment v Chaplin [2020] NSWDC 361

Overview  Michael Chaplin was a Drill and Blast Engineer in the open cut operations of Ulan for Moolarben Coal Operations in NSW. Chaplin was responsible for drafting topographical aerial photographs and implementing the blasting procedures, exclusion zones and ensuring the risk management of the blast fumes. On 17 May 2017, Chaplin arranged both the primary […]