Injury, Safety & RTW

Ill & injured; Return-to work; WHS; Mental health risks; Medical incapacity; Case law updates

New Zealand: What could the legalisation of cannabis mean for NZ employers?

If cannabis is legalised employers will need to strike a balance between encroaching on the lawful activities employees might engage in during their own time, and ensuring employees are safe and productive at work.  Most of us spend a significant amount of our adult lives at work.  Arguably employers can only control what an employee does in…

NZ: Health and Safety Update – July 2019

Working together A recent District Court decision reaffirms the need for different companies to consult, co-operate, and co-ordinate when working on the same site. Phil Stirling Building Limited (PSBL) and Duncan Engineering Limited (DEL) were recently found guilty of charges under ss 34, 36 and 48 of the Health and Safety at Work Act 2015…

Marie Boland’s Review of the Work Health and Safety Laws, Part 3: Safe Work Australia‘s Consultation Regulation Impact Statement

On 24 June 2019, Safe Work Australia released a Consultation Regulation Impact Statement (RIS) seeking feedback on the possible impacts of implementing the recommendations of the Marie Boland independent review of the model Work Health and Safety Laws final report (Report). In February this year, Marie Boland (former Executive Director of SafeWork SA) delivered the Report which found the model WHS…

Recklessness, negligence, increased fines and the end of insurance – is your workplace ready?

Recklessness, negligence, increased fines and the end of insurance – is your workplace ready? The Review of the Model Work Health and Safety Laws: Final Report (the Review) was handed down in December 2018.  The Review provided multiple recommendations which could have significant impacts on penalties contained within the model work health and safety (WHS) laws.  These recommendations…

Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which we previously reported…

Australia: Marie Boland’s Review of the model Work Health and Safety laws – industrial manslaughter, enhancing the Category 1 offence, and what it might mean for statutory safety duty holders

In February, Marie Boland’s Review of the model Work Health and Safety laws – Final report (Report) was released which recommends including a new offence of industrial manslaughter in the model Work Health and Safety (WHS) Act.