Comments on: Sentencing and OHS prosecutions but few solutions https://safetyatworkblog.com/2024/07/15/sentencing-and-ohs-prosecutions-but-few-solutions/ Award winning news, commentary and opinion on workplace health and safety Mon, 15 Jul 2024 21:05:33 +0000 hourly 1 https://wordpress.org/?v=6.6.1 By: Kevin Jones https://safetyatworkblog.com/2024/07/15/sentencing-and-ohs-prosecutions-but-few-solutions/#comment-169053 Mon, 15 Jul 2024 21:05:33 +0000 https://safetyatworkblog.com/?p=107836#comment-169053 In reply to Jason Wagstaffe.

Jason, I agree that enforceable undertaking elements are applicable however the effectiveness of communication remains a problem. Relying on a national newspaper for public statements is ineffective. Firstly, it only appeals to the readers of that newspaper. National newspaper readership is comparatively very low. Digital versions of newspapers and their website usually do not run the equivalent of full-page ads or even classified ads. A public statement in a newspaper is an historical statement and record but if we are seeking deterrence and an improved state of knowledge, it is expensive and inefficient.

Better resourced OHS regulators could do much of your last point, but regulators are very rarely and even then, usually temporarily resourced adequately. Government are unlikely to implement any strategies that could jeopardise the creation of jobs. Employers create jobs, so employers hold sway.

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By: Jason Wagstaffe https://safetyatworkblog.com/2024/07/15/sentencing-and-ohs-prosecutions-but-few-solutions/#comment-169017 Mon, 15 Jul 2024 05:42:21 +0000 https://safetyatworkblog.com/?p=107836#comment-169017 I think a possible solution (or part of) would be to include some of the elements used in enforceable undertakings. For example:
1. cause a public notice to be published in The Australian newspaper acknowledging the prosecution outcome.
2. Provide an undertaking that the company deliver industry benefits in the field of WHS associated with the incident that brought about the prosecution.
2(a). The deliverable needs to be tangible and either cost neutral or at a low cost to implement by others in the same industry. Timeframe: 12 months from date of prosecution.
2(b). Responsibility: The board or senior management – failure to deliver would allow for individual prosecutions against those responsible for implementation.
2(c). Provide the regulator a permanent, irrevocable, royalty- free, worldwide, non-exclusive licence to use, reproduce, distribute, electronically transmit, electronically distribute, adapt and modify any materials developed as a result of
the undertaking.

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By: pamoylan@bigpond.net.au https://safetyatworkblog.com/2024/07/15/sentencing-and-ohs-prosecutions-but-few-solutions/#comment-169010 Mon, 15 Jul 2024 03:24:21 +0000 https://safetyatworkblog.com/?p=107836#comment-169010 All this is not relevant unless the regulator is vigorous like the police or competition regulators

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