KHQ Lawyers’ Post

Today marks the 50th anniversary of the passing into law of the Health and Safety at Work Act 1974 and my colleague Nicola Handley has written this insightful article Irwin Mitchell

Health and safety in the workplace is fundamental to creating a productive and sustainable work environment. Ensuring the well-being of employees not only complies with legal obligations but also fosters a culture of trust and responsibility. Effective health and safety practices include regular risk assessments, comprehensive training programs, and the implementation of safety protocols. By addressing potential hazards—ranging from physical risks, like slips and falls, to ergonomic issues and exposure to harmful substances—organisations can significantly reduce workplace accidents and injuries. A safe work environment leads to increased morale, higher employee retention, and ultimately, improved performance. Promoting health and safety goes beyond simply adhering to regulations; it involves nurturing a proactive mindset among employees. Encouraging open communication about safety concerns and fostering employee involvement in health and safety initiatives can create a more engaged workforce. Regular workshops and training sessions not only keep everyone informed about best practices but also empower employees to take ownership of their safety and that of their colleagues. This collaborative approach not only minimises risks but also enhances team cohesion and commitment to workplace well-being, making health and safety a shared responsibility and a key component of organisational success. https://lnkd.in/etwWAS9Y

Safety on Trial, Norm Keith's new book is a must read for every safety professional, business leader and regulator on why and how legal precedence can drive workplace injury reduction and prevention. His book focuses on the three areas of: 1) the OHS legal framework; 2) OHS law enforcement and 3) suggestions for OHS law reform and renewal. This book is worth the investment and a good read that really brings together the world of workplace safety and challenges us to all be part of the change that eliminates all workplace injuries, illnesses and diseases. Here is the link:

[AU] Ensuring a safe workplace is crucial for every employer and business owner. As part of your legal duties under work, health and safety (WHS) laws, you must inform your workers about workplace safety to prevent injuries and maintain a productive work environment. To help you navigate these responsibilities, LegalVision is hosting a free webinar on 'Mastering Workplace Safety: Your Consultation Obligations'. Join us on Thursday, 11 July, at 11 am AEST, when Dickson Wu (Senior Lawyer) and Gurpreet Sandhu (Lawyer) explain: + understanding your legal duties under WHS laws; + identifying the right times to consult with your workers; + knowing when to engage with other duty holders; and + practical tips for effective consultation. Following the webinar, there will be a live Q&A. If you cannot make it, you can still register, and we will send you a copy of the recording. You are also eligible to receive a free legal consultation. Register today: https://lnkd.in/gkAV_zYN #workplacesafety #WHScompliance #consultation

New Zealand Health and Safety at Work Act 2015 (HSWA) defines an officer as someone who has a significant influence over the management of a business or undertaking (PCBU). This includes: Company directors  Partners in a partnership, except in limited partnerships  General partners in a limited partnership  People in similar roles to a company director, such as board members  Senior governance roles, such as Chief Executive Officers  Liquidators or receivers of a company  Owner operators or sole traders Officers have a duty to ensure that the organization complies with its health and safety obligations. This includes: Exercising due diligence Proactively managing health and safety Regularly observing and attending work sites Reviewing, planning, improving, and implementing

It is my personal opinion having recently spent 5 years researching industrial fatalities in modern, developed economies, that positive directors' duties are the right way to go. I'll be following this story very closely and I'm interested to see whether our new Labour government in the UK will take similar steps. It's something that many experts in workplace safety have been calling for in the UK since before the introduction of the Corporate Manslaughter legislation in 2008. The biggest challenge (in my opinion) is getting directors' duties over the line in a legislature where many of the sitting MPs are themselves company directors. For them personally, it may present an unpalatable level of accountability. The shape of our parliament in the UK has changed though, so these are interesting times. #directorsduties #singapore #hse #industrialsafety

In case you missed it, Luiza Vikhnovich of Sherrard Kuzz LLP joined Mike Russo, CRSP, ROH of WorkBright™ in our recent webinar to break down some critical updates to the Occupational Health & Safety Act. One of the most significant? The changes to the Act affecting telework. Here is what some attendees had to say. 👉 “𝐀𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐩𝐚𝐬𝐭 𝐈 𝐟𝐢𝐧𝐝 𝐠𝐫𝐞𝐚𝐭 𝐯𝐚𝐥𝐮𝐞 𝐢𝐧 𝐲𝐨𝐮𝐫 𝐤𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞, 𝐩𝐫𝐞𝐬𝐞𝐧𝐭𝐚𝐭𝐢𝐨𝐧𝐬 𝐚𝐧𝐝 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐲𝐨𝐮 𝐬𝐡𝐚𝐫𝐞. 𝐓𝐡𝐢𝐬 𝐭𝐢𝐦𝐞 𝐰𝐚𝐬 𝐧𝐨 𝐝𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭. 𝐈 𝐰𝐨𝐮𝐥𝐝 𝐝𝐞𝐟𝐢𝐧𝐚𝐭𝐞𝐥𝐲 𝐣𝐨𝐢𝐧 𝐢𝐧 𝐨𝐧 𝐟𝐮𝐭𝐮𝐫𝐞 𝐬𝐞𝐬𝐬𝐢𝐨𝐧𝐬.” 👉 “𝐈 𝐯𝐚𝐥𝐮𝐞 𝐭𝐡𝐞𝐬𝐞 𝐭𝐲𝐩𝐞𝐬 𝐨𝐟 𝐬𝐞𝐬𝐬𝐢𝐨𝐧𝐬 𝐭𝐨 𝐥𝐞𝐚𝐫𝐧 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐥𝐞𝐠𝐚𝐥 𝐩𝐞𝐫𝐬𝐩𝐞𝐜𝐭𝐢𝐯𝐞𝐬 𝐨𝐧 𝐝𝐞𝐦𝐨𝐧𝐬𝐭𝐫𝐚𝐭𝐢𝐧𝐠 𝐝𝐮𝐞 𝐝𝐢𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐚𝐧𝐝 𝐥𝐞𝐚𝐫𝐧𝐢𝐧𝐠 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐞𝐱𝐩𝐞𝐫𝐢𝐞𝐧𝐜𝐞 𝐨𝐟 𝐨𝐭𝐡𝐞𝐫 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥𝐬.” 👉 “𝐆𝐫𝐞𝐚𝐭 𝐬𝐞𝐬𝐬𝐢𝐨𝐧, 𝐯𝐞𝐫𝐲 𝐡𝐞𝐥𝐩𝐟𝐮𝐥, 𝐰𝐞𝐥𝐥 𝐬𝐩𝐨𝐤𝐞𝐧 𝐚𝐧𝐝 𝐨𝐫𝐠𝐚𝐧𝐢𝐳𝐞𝐝. 𝐓𝐡𝐚𝐧𝐤 𝐲𝐨𝐮, 𝐌𝐢𝐤𝐞 𝐚𝐧𝐝 𝐋𝐮𝐢𝐳𝐚!” A warm thank you to Luiza for sharing her invaluable expertise! If you’re looking for support with employment and labour law, reach out to Luiza. Missed the webinar? Let us know and we can send you the full 30-minute recording so you don't miss out. And for occupational health, safety, and hygiene consulting, reach out to us - WorkBright™ is here to help your organization protect its employees from harm and ensure OHS compliance. #OHS #Ontario #HealthAndSafety #Workplace #Law

This week marks 50 years since the landmark Health and Safety at Work Act came into force, transforming workplace safety in the UK. While fatalities have dropped significantly since 1974, our work with a national social justice law firm, which represented accident at work cases, has shown us the devastation that workers and their loved ones face when accidents arise due to poor working conditions. Read our latest article to find out why the Act remains essential for protecting employees and ensuring organisations meet their legal obligations: https://lnkd.in/eX7FGEPV

In this recently published GT Advisory authored by Josh Bernstein, Israeli companies operating in the U.S. are advised to a proactive approach to safety and health in the workplace. The U.S. Occupational Safety and Health Act (OSH Act), which regulates the safety and health of workplace conditions in the United States, and the agency charged with its enforcement, the Occupational Safety and Health Administration (OSHA), have significantly broader reach than Israel’s Work Safety Ordinance. Click to learn more about the OSH Act and OSHA, as well as how companies can reduce risk of many workplace accidents: Hhttps://lnkd.in/dATXcdB7

On 7 April Minister van Helden was interviewed on TVNZ Q&A. The interview was posted online. Yes, we need some action to halt our bad record of workplace deaths and injuries. My proposals for the Minister are below. I will write and publish more about them and cite research in support. * Read the statistics and research evidence on workplace deaths, and the disproportionate number of Maori and Pasifika workers killed every year at work * Talk to the Business Leaders Health and Safety Forum about the HSWA: I understand they are essentially OK with it "as is" * Amend the Companies Act section 383 to allow disqualification of directors for up to 5 years if convicted of a breach of section 44 HSWA (we have some recidivist directors and companies) * HSWA fines are small in comparison with penalties under the Commerce Act; amend the HSWA to allow the District Court to send a conviction for reckless behaviour to the High Court for sentencing where the fines can be made unlimited * Engage with sector groups with WorkSafe providing secretarial services to develop Regulations, Codes of Practice and guidance documents for any regulatory gaps (this gives buy-in from PCBUs) * Amend our HSW General Regulations to explicitly require every PCBU to have access to competent OHS advice (see Regulation 3 of the UK Health and Safety at Work (General Risk and Workplace) Regulations (2016 ) * Amend our HSW General Regulations to explicitly require every PCBU to carry out “suitable and sufficient” risk assessments (again, see the UK Regulations) * Provide better resources for WorkSafe, including more field inspectors so we meet international best practice * Allow ACC to use subrogated rights to recover compensation and costs when a claim is due to reckless behaviour/gross negligence of a PCBU https://lnkd.in/gV4r9_bN