Safety

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.

Safety Prosecutions

  • 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.

Asbestos

  • We have represented numerous employers and occupiers in respect of claims made by persons allegedly exposed to asbestos.

Legislative Compliance

  • 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.

Incident response

  • 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. 

Training

  • 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.   

Stephen Kemp

Partner

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+61 8 9426 6633
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Renae Harding

Special Counsel

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+61 8 9426 6802
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