Occupational Safety & Health
Our Safety team provides legal advice and representation, both in respect of legislative compliance and in response to incidents. We provide safety education, serious incident response guides and precent correspondence, legislative compliance and audit systems, policies and procedures, and defend notices and prosecutions on behalf of our clients.
Where urgent action is required, our Safety team mobilises quickly to incident sites and remote workplaces.
Our specialist team provide advice to a wide range of businesses operating across all industry segments. In particular, our team has extensive experience in advising the health, energy and resources, construction, engineering and transport sectors.
Our core capabilities in Occupational Safety & Health include:
Draft education and induction material
Draft and review safety policies, procedures and management plans
Draft serious incident response guides and precedent communications
Draft legislative compliance management and audit systems
Provide legal advice in respect of risks and potential liabilities
Assist clients in response to investigations
Defend notices and prosecutions
Defend civil claims for alleged breach of statutory duties
Represent clients in coronial investigations and inquests.
Safety Management Plan Review
- We have reviewed and finalised a large building industry employer association’s pro-forma Safety Management Plan, which our client provided to its members.
Safety Governance Advice
- We comprehensively reviewed a large global mining company’s safety management policies and systems to ensure compliance with the laws of the 20 different countries within which our client operated.
- We have defended allegations against our clients, a major construction company and its subcontracted site manager, that they breached the Occupational Safety & Health Act (WA). After we conferred with WorkSafe, a number of the charges made against our client were conceded. Our clients were acquitted of the remaining charges.
- We have represented numerous employers and occupiers in respect of claims made by persons allegedly exposed to asbestos.
- We seconded a specialist lawyer to a global energy provider for one year to author its Health, Safety, Security and Environment Compliance Management and Audit System.
Appeal Safety Notices
- On behalf of our client, we successfully appealed three Worksafe improvement notices.
We prepare Incident Response Manuals for client’s Officers and Legal Counsel.
When requested, we have attended various sites to assist clients during incident investigations.
Coronial Investigations and Inquests
- In addition, we have represented health industry professionals and organisations in coronial investigations and inquests.
- We have prepared and presented a tailored training program on mine safety to one of our WA mining client’s team leaders, supervisors and site employees. Further, we have and are able to provide general training to clients and their contactors.
7 June 2016
The Expert Panel of the Fair Work Commission issued the Annual Wage Review 2015 - 2016 decision and statement on 31 May 2016. The wage increases set out in the decision will come into effect from 1 July 2016.
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3 June 2016
On 1 June 2016, Worksafe WA released a discussion paper on its review of the model Work Health and Safety Regulations and consequent recommendations. Western Australians now have until 31 August 2016 to comment on the proposed regulations before the State Government determines its final position.
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1 October 2015
The New Zealand District Court has, for the first time ever, in the decision of WorkSafe New Zealand v Arthur Ernest Britton Britton House Movers Limited  NZDC 2101, sentenced the company director to home detention and ordered the Company to pay $60,000 in penalties.
The trend to hold company directors and officers personally liable for occupational safety and health failures continues.
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12 March 2015
Today is the first anniversary of the amended Australian privacy regime. If you haven’t thought about whether the Privacy Act is relevant to your business, now is the time to do so.
Author: Elizabeth Tylich
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28 November 2012
Dismissal held to be unfair but application for reinstatement denied: The Fair Work Australia decision Dewson v Boom Logistics  FWA 9027 reinforces the importance of following process and providing natural justice when managing employee behaviour and determining a penalty for such behaviour.
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25 May 2012
Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.
It is the fifth year out of six that Jackson McDonald has won this prestigious award.
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10 January 2011
Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.
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