Jessica DeVita on LinkedIn: Director not guilty of WHS Due Diligence offences (2024)

On 8 March 2024, the NSW District Court handed down a decision which is one of the first cases to meaningfully consider the conduct of an officer charged with a due diligence offence under work health and safety legislation.In the article below Greg Smith, Renae Harding & Debbie Larson discuss the key findings of the case and what they can mean for your business. #whs #workhealthandsafety #law #casestudy https://lnkd.in/g2ttDkPF

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Reading the Court decision from the recent SafeWork NSW v Mitchell Doble [2024] case, the main lesson learned from the trial which should be the priority for Company Directors, and all HSE Professionals is that: Prioritising workplace safety is not just a moral obligation; it is a legal imperative. In the SafeWork NSW v Mitchell Doble case, failure to implement safety measures resulted in serious consequences for both the company and its Director, Mr. Mitchell Doble. However, proactive steps taken by Mr. Doble, such as regular safety meetings and prompt action on safety matters, showcased the importance of due diligence. This case is an excellent example which drives home the need for companies to invest in robust safety protocols to protect their workforce and mitigate legal liabilities. Prioritising safety isn't just good practice; it is essential for organisational success and employee wellbeing. #WorkplaceSafety #DueDiligence #legalcompliance

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Very interesting read that highlights a few things for me. Active leadership, competent personnel and in respect of aviation, the role of the safety manager.In aviation we have quite a unique situation in that we already have 'nominated personnel' in place to manage the operations in line with the safety regulations. In essence they are safety officers yet now we have safety managers too. Certainly a confusing situation and interestingly I see many safety managers who are not conversant with the particular regulations in which they operate and instead they can easily end up pouring over risk registers and matrices! This is also driven in part by how the SMS rules seem detached from compliance.It would certainly be interesting if such a set up was to be scrutinised post accident .... without clarity of ownership, it's likely that diligence suffers.

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Great dataset by Mostafa Issa it really shows how many companies are falling foul of the WHS act and the penalties imposed. Must remember that the costs associated with cooperating with WHS investigations often far out way the actual penalties.#healthandsafetytraining #whs2023 #compliance

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In this update, Erin Lynch, Partner, Diana Diaz, Special Counsel, and Nakita Rose, Associate, explain upcoming changes to NSW WHS laws including increased penalties and more robust obligations, and what these changes mean for businesses.Read more: https://lnkd.in/d5GK2PHT#auslawIf you found this insight article useful and you would like to subscribe to Gadens' updates, click here:https://lnkd.in/gwqNGne

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🚨2023 Annual Review of #NSW WHS Prosecutions: An independent review* (Part 2)Hi Network,📬Recently I made a post on key findings from my #independent research of NSW published prosecutions in 2023 (see link below). This post is a continuation with a focus on #fines ordered.👩⚖️In 2023, according to the published cases, there were 50 fines ordered for a breach of a Work Health and Safety (#WHS) duty in #NSW. Total fines ordered amounted to $14,824,375, the highest single fine was $2.25M, the lowest being $375, and the average fine was $302,538.📌Interestingly, in 2023, on average, a fine for a breach of a WHS duty was 22% of the maximum #penalty for the offence. 🔗A common suggestion to evolve WHS legislation is to increase penalties available for breaches. However, the #annual average of 22% suggests that such increases may not necessarily translate into higher fines being ordered. I do not intend to delve into principles of #sentencing law or pass judgment on the merits of increasing penalties. However, I may suggest that those calling for increased penalties may be aided by the consideration of #mandatory minimum sentencing rather than solely relying on raising the maximum penalty available.✒If the ceiling is too high to reach, consider raising the floor. ℹFurther info🔹2023 Annual Review of NSW WHS Prosecutions (Part 1): https://lnkd.in/gFq6ZZYA* Researched using Austlii & Case Law NSW Databases#healthandsafety #workplacesafety #letstalkaboutsafety #SiteSafety #Compliance #workplaceculture #WorkSafe #Gohomesafe #Protectworkers #safetymanual #OSHLeaders #SafetyConversations #SafetyCommunity #bestadvice

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Great insight from WHS fines.Seems that risks & fines associated with “falls from heights” are the biggest culprits & show the largest fines.I totally agree with 2 comments:1. However, I may suggest that those calling for increased penalties may be aided by the consideration of #mandatory minimum sentencing rather than solely relying on raising the maximum penalty available..!!2. ✒If the ceiling is too high to reach, consider raising the floor..!!I would also add, that the non-mandatory standards in the falls code of practice also need to be made “mandatory” ( this is as simple as marking the current refrenced standards, part of legislation ) so that the currently unregulated height safety industry can then be regulated. This would then see the unsafe non-complaint height safety manufactures held responsible for selling unsafe non-complaint safety products, the same products people rely on to save there lives, in the real world of safety. Safety in compliance and accountability. Industry trust in legislation and regulation. Saving lives and fair trade for those that do the right thing. Reward = doing the right thingPunishment = doing the wrong thing

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Can we hear three cheers for Jamie McPherson and Andrew Ross? The highly regarded Doyle's Guide has named the pair among the top Queensland practitioners, when it comes to Workplace, Health & Safety law.We were not surprised of course, but we love seeing you get this well deserved public recognition!Meantime, HBA has come up trumps on the list of leading firms to brief on WHS matters.#hbalegal #WHS #WHSlaw

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Do you as a business have adequate WHS policies and procedures concerning “Grey Fleet” risk - covering both both WHS and common law?

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Industrial manslaughter occurs when a worker dies at work due to negligence by a business or its senior officer. It is a criminal offence. In 2017, industrial manslaughter was included as an offence in Queensland under the Work Health and Safety Act 2011.In this article, we explore the offence of industrial manslaughter.https://bit.ly/3JlyIRV#criminaldefence #criminallawyers #employmentlawyers #industrialmanslaughter

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