Industrial Manslaughter Laws and Due Diligence
2 Formal CPD Points
WHS legislation has recently consolidated a range of existing responsibilities for directors and other officers and, importantly, introduced a range of new obligations for companies to improve their workplace safety practices.
The laws set a new definition of "legal risk" associated with death or serious injury in the workplace, with the onus on organisations to demonstrate they have complied with all OH&S requirements.
These new obligations effectively widen the potential liability of directors, and other officers, who now have a positive duty to be proactive in ensuring that their own personal obligations are being met under the WHS legislation.
Companies need to develop a “culture of compliance” across their workforce, if they are to meet these new standards.
The new standards apply to "all businesses" including "white collar" and extend to mental health and other issues in the workplace.
Join us next month to hear from our legal and WHS experts, Tony Lawrence HWL Ebsworth, Kate Elliott (Elliott Safety) and Stephen Russell (Melbourne Barrister) who will:
Explain the status of implementation of industrial manslaughter laws in Australia.
Examine the nature of the laws & how breaches will be assessed against the “culture of compliance”.
Provide clear steps to position your business to comply with the laws and achieve a compliant workplace culture
Explain the duties owed by organisations and officers
Explain the OH&S obligations for employees working from home
Explain the implications for "white collar" businesses who are also impacted
Detail penalties that can be applied for breaches of the laws
Provide real life case studies of companies who have developed workplace practices and policies to comply with these new workplace laws
Describe the process for employers to obtain the certification to Australian standards and OFSC
Cost to attend is $85 per person plus GST. Save 10% when you book for a group of 4 or more. Purchase includes course notes, MP4 recording of the session and CPD certificate
Tony Lawrence
HWL Ebsworth
Tony specialises in all areas of workplace relations and occupational health and safety law. Tony advises and represents clients, both companies and individuals, across a broad range of industries and has an extensive litigation practice built on his years at the Victorian Bar prior to joining the firm. Tony’s expertise covers such areas as enterprise bargaining, workplace change and restructuring, termination of employment including unfair dismissal and general protections claims, anti-discrimination, restraint of trade and confidential information obligations, executive employment matters including engagement and termination and defending OH&S prosecution proceedings. Tony is also a respected mediator and negotiator and has extensive experience in dispute resolution.
Kate Elliott
Director, Elliott Safety
Kate holds a Graduate Diploma in Occupational Health and Safety, a Diploma of OHS and a Diploma of Project Management. She is also an accredited Lead Auditor. Kate’s 20 plus years of construction experience spans many industries including commercial high rise, retail, civil, oil and gas, education, health, aged care, manufacturing and plant facilities. Kate’s ability to implement systems to meet the specific needs of each client, coupled with her excellent communication and facilitation skills, are key to her ability to implement successful client solutions. Kate runs the Elliott Safety team, ensuring the best client outcomes at all times. Her dedication to providing a quality service with a quick response, assists the client meet their legislative obligations for safety, quality and environmental management.
Stephen Russell
Barrister
Stephen Russell LLB LLM joined the Victorian Bar in November 1989. Since that time, he has developed a substantial practice in criminal law, notably in jury trials in the County and Supreme Courts. He is considered as one of the leading barristers in the area of Occupational Health and Safety and has been involved in a significant number of major cases in that area. He co-authored the VCE text Exploring the Law, has been teaching at the Victorian Bar Readers course for the last 20 years and was previously a member of the Bar Readers Committee and Criminal Bar Association Committee. He successfully represented the Beaconsfield Gold Mine and the senior mine managers in the Special Investigation conducted by the Tasmanian Government and the Inquest resulting from the accident at the mine on Anzac Day 2006. He has achieved preeminent status in Safety with Doyles.
CPD Learning Outcomes - at the conclusion of this webinar attendees will be able to:
1. List the 4 key factors to achieving a workplace that is compliant with OHS laws
Practice Management 9.7 2.
2. List the duties of organisations and officers to achieve compliance
Practice Management 9.7 3.
3. List the penalties for non compliance in meeting workplace safety standards
Practice Management 9.7 4.
4. Outline the process for employers to obtain the certification to Australian standards and OFSC