A Tragic and Avoidable Death

Despite that since 1983 all employees have been covered under safety legislation, including the Occupational Health and Safety Act 2000 (NSW) which establishes a more proactive approach, encouraging more cooperation and consolidation between employer and employee, Australian workplaces have one of the worst safety records with over 300,000 workplaces injuries each year and 84 deaths per million workers a year...the above is just one example of this deplorable state. These statistics are blamed on inadequate safely laws and ineffective relationships between employers and employees. Deaths such as 16 year old Joel Exner after his employer ignored repeated safety warnings outlined in DT 26/7/05 “Warnings on Safety ‘ignored’” illustrate how the law is not effective in preventing such deaths. As a result law reform has taken place with the Occupational Health and Safety Amendment (Workplace Deaths) Act 2005 (NSW) and the Occupational Health and Safety Amendment (Long Distance Truck Driver Fatigue) Regulation 2005, which aims to introduce Fatigue Management Plans, encouraging workers to discuss negotiations to prevent deaths on roads. In the case of Bankstown Foundry Pty Ltd v Braistina (1986) it was established that employers also have the responsibility to uphold employees’ safety via the providence of adequate training. The legal system has been highly successful in upholding this right, as evidenced by the legislative pieces it has enacted; for example, the Occupational Health and Safety Act 2000 (NSW) which secures and promotes the health, safety and welfare of all people at work by ensuring that all risks to health and safety at a place of work are identified, assessed and eliminated or controlled.