My observation in many sites and business operations I visit, is that Managers and Directors appear to sit comfortably, thinking they are safe and that their WHS responsibilities are under control because of a miraculous absence of injury. However, glancing out of their office windows, I usually note that there are obvious, significant, uncontrolled hazards, that only due to the skills and attention of the operators, would cause traumatic injury on a daily basis.
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In a landmark South Australian case, a major court finding has further cleared the blurry line between diligent management of Work Health and Safety matters and the Crimes Act.
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Mckie v Al-Hasani and Kenoss Contractors Pty Ltd (in liq)
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The complexity of the Australian safety legislative landscape can be mind boggling for most safety professionals, so what chance do those that rely on it to guide or protect them stand. It is designed to draw the eye away from the basic, simple and effective management of operational hazards. The safety focus and objective is moved to the development of complex processes and systems, that are fabricated to appease auditors and regulators rather than resulting in effective hazard management outcomes that workers and business understand, can use and are effective.
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Is the situation in Australia and New Zealand similar to the European experience with women’s occupational health? What do you think?
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This article will explore the operational significance of the decision in Kirk and Another v Industrial Relations Commission (NSW) and Another; Kirk Group Holdings Pty Ltd and Another v WorkCover Authority (NSW) (2010) 262 ALR 569 (Kirk). The implications of Kirk relate to the rigour and specificity for how Regulators will frame prosecutions in the future. There will be a need to have in place safety systems designed to effectively discharge the due diligence obligations now placed upon officers of corporations by section s27. A framework such as AS/NZS 4801:2001 Occupational health and safety management systems will facilitate the identification and management of organisational risk. It is anticipated that within the qualifier of reasonably practicable this will be the minimum standard of proofing against future prosecutions.
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