Occupational Health and Safety:

Occupational Health and Safety (OH&S) Law [now referred to as Workplace Health & Safety (WHS) Law] concerns the safety and wellbeing of occupants and workers on sites.

Employers as well as owners of sites need to have health and safety protocols in place, to ensure that injury and loss to third parties and their property can be avoided or kept to a minimum. The drafting and maintenance of Occupational Health and Safety (OH&S) policies contribute to the employers’ professional duty of care.

Failure to have such policies, or the failure to maintain them, may constitute a breach of the duty of care and therefore ground a potential action in negligence or professional negligence or otherwise a breach of a Statutory obligation under the WHS laws. Maintenance of Workplace Health & Safety policies will require not only the drafting and executing of those policies, but their periodic review and the training of relevant staff. Workplace, Health and Safety procedures are part of the professional responsibility of employers. For this reason, employers should take care to ensure that (amongst other things):

1. Statutory obligations are complied with.
2. Relevant professional standards are maintained.
3. Health and Safety policies exist.
4. Systems intended to secure the safety and wellbeing of individuals are actioned and implemented.
5. Review of policies takes place in a timely fashion.
6. Regular drills for emergency and disaster situations take place.
7. The requirements of insurance policies are complied with.

Employers and owners of businesses who fail to discharge their duties may suffer the following consequences:

(a)    They may be sued for breach of contract.

(b)   They may be sued for professional negligence.

(c)    Their insurance policies may be voided due to some exclusion.

An occupational health and safety lawyer will be able to determine the specific requirements of the business and employment environment and assist in the drafting of a health and safety policy or policies which will comply with all statutory, professional and other legal mandates, while also, where instructed to do so, providing legal advice in relation to insurance policies taken out by the business or employer, with a view to mitigating against the risk that they might be voided. The solicitor who deals with litigation matters in occupational health and safety disputes will be able to help an employer defend against a claim involving a breach of the Work Health & Saefty Laws. 

Conversely, an occupational health and safety claim or litigation can be commenced by an employee who believes that an employer has not done what is required under law. A solicitor who deals with healthy and safety matters will be able to provide the necessary Employment legal advice to an employee and help prepare a case against the negligent employer. Employment law litigation may be costly in some circumstances, but the price of not securing one’s rights may in the long term be far dearer.

If you require assistance in relation to an occupational health and safety dispute, you may wish to contact our firm and make an appointment to see one of our solicitors. Please contact (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.