Occupational Health and Safety (OH&S):

Most work or employment environments will have policies in place for Occupational Health and Safety. These are usually policies that create systems whereby the safety of employees, contractors and those working on premises or off-site are protected from risks of injury or harm. Some working environments will naturally have greater risks than others. The office environment for example will have minimal risks compared with other types of labour. In the office, health and safety may involve the following general issues:

• Appropriate light
• Appropriate ventilation
• Regular breaks for long hours of work
• Ergonomic office equipment
• Stress reduction programmes
• Notices and training in relation to the avoidance of injury
• Periodic fire drills
• First aid training
• Facilities for the resolution of complaints and grievances

These are very basic concepts that most offices convert into tangible workplaces occupational health and safety policies. Other working environments may have additional industry specific policies, particularly for professions involving high risk duties. Some of these may involve:

• Law enforcement (specialist training in the use of weapons, counselling for trauma sustained at work and the such
• Mining and forestry (specialist training in relation to the use of tools, avoiding risks to health in relation to materials encountered and the such)
• Building and Construction Industry (specialist training in relation to onsite induction and conduct, the use of tools of trade, specialist training in relation to the use of hazardous substances which may be encountered in building sites such as asbestos and the such)

These are just some brief examples - many more can be included in the above lists. A breach of a company health and safety policy can be caused by the company itself or the employee, contractor, agent or representative. If no policy exists, duties and obligations may nevertheless be enforced or implied by law. The common law also implies certain duties into contracts which may also impact on the liability of parties in such a dispute. In these situations, an occupational health and safety solicitor should be retained to provide legal advice concerning the health and safety dispute. Facts will be essential to establish either negligence or a breach of contract or breach of policy or otherwise breach of statutory or other common law obligations. An occupational health and safety lawyer who has experience in civil and commercial litigation will be able to assess the complexities of the matter and guide the process of preparing a case.

For employers or owners of a business, the main concerns will be to establish that the contract or policy has not been broken or that no negligence or professional negligence has been occasioned (that the duty of care has been discharged) and that an insurer will not disclaim liability pursuant to the exclusion clause of the policy.

For the worker, employee, subcontractor, agent or representative, the main concerns will be to ensure that your rights have been secured at law. This will involve an assessment of the contract, the relevant policies, the relevant industry requirements, the relevant law, such assessment of these being according to updated legal principles.

If you are involved in a dispute involving an occupational health and safety issue, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors.  

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.