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The Work Health and Safety Act 2020 (WA) – Volunteers
One of the key changes to health and safety regulation in Western Australia brought about by the Work Health and Safety Act (2020) WA...
Greg Smith
Jan 15, 20223 min read
609 views
32 comments


First gross negligence conviction overturned
Resource Recovery Solutions Pty Ltd v Ayton [2021] WASC 443 The offence of “gross negligence” was introduced into Western Australia’s...
Greg Smith
Dec 16, 20216 min read
1,177 views
11 comments


Disciplinary action for safety breaches: Stifling trust or legal risk management?
I believe that in most cases there is a reasonable synergy between general legal principles underpinning health and safety legislation...
Greg Smith
Apr 1, 20212 min read
585 views
17 comments


In case you missed it ...
Anyone with an interest in safety who is on LinkedIn could not help but be aware of the decision in R v Brisbane Auto Recycling [2020]...
Greg Smith
Jul 9, 20203 min read
612 views
8 comments


Why I do not support industrial manslaughter
In a recent comment on a LinkedIn post I asked for evidence of how Industrial Manslaughter wold contribute to safe workplaces. In...
Greg Smith
Nov 7, 20197 min read
1,114 views
3 comments


Industrial manslaughter in Western Australia: What is the issue we are trying to address?
I have written previously on what I believe the limits are of industrial manslaughter specifically, and prosecutions generally. But in...
Greg Smith
Sep 6, 20193 min read
334 views
1 comment


Why don't we have "production" moments?
One of the ways organisations like to emphasise safety is with corporate branding: safety moments, safety conversations, safety...
Greg Smith
Aug 9, 20192 min read
389 views
3 comments


The prosecution problem revisited - again!
Further to my recent blog on the limits of prosecutions (The prosecution problem revisited), the prosecution summary of the first case...
Greg Smith
Aug 9, 20192 min read
129 views
2 comments


The prosecution problem revisited
On 1 August 2019 an article was published about a health and safety prosecution in Western Australia, and it was another rallying cry...
Greg Smith
Aug 3, 20195 min read
363 views
0 comments


Due diligence program in Perth
First, I have to apologise for my lack of publishing activity recently. I do have a bundle of articles I need to complete, but I have...
Greg Smith
Jun 24, 20191 min read
193 views
1 comment


The Racek Decision
The Racek Decision (Daniel Racek v DP World Sydney - [2019] FWC 772), published on 8 February 2019, is a very important decision which...
Greg Smith
Feb 28, 20196 min read
631 views
2 comments


Is there a duty to warn workers about obvious hazards?
In my latest book, Paper Safe: The triumph of bureaucracy in safety management, I looked at the obligations of an employer to warn...
Greg Smith
Feb 12, 20193 min read
963 views
1 comment


First custodial sentence for health and safety breaches. Are there any lessons?
Recently, Maria Jackson became the first person to receive a custodial sentence for a breach of occupational health and safety...
Greg Smith
Jan 25, 20193 min read
514 views
1 comment


I am a safety lawyer, safety manager and a board member. How do I think about due diligence?
I have been criticised for many things based on my observations about health and safety management over the years. Being a lawyer, it is...
Greg Smith
Jan 21, 20195 min read
653 views
0 comments


Practicable is not black-and-white, but it is not subjective either
A very common conversation I have with organisations is, what is “practicable” and how do organisations meet the legal obligation to...
Greg Smith
Jan 20, 20193 min read
804 views
0 comments


Due diligence workshop
Dr Rob Long and I will be running our Due Diligence workshop in Sydney on 20 and 21 February. You can register HERE. This workshop makes...
Greg Smith
Jan 16, 20192 min read
148 views
1 comment


Paper Safe: The Webinar
Last year, Craig Thornton from Mango was kind enough to host a webinar inviting me to share some ideas from my new book, Paper Safe: The...
Greg Smith
Jan 8, 20191 min read
160 views
2 comments

Process v Purpose
Below is a link to a webinar that was hosted by Craig Thornton from Mango last year. The webinar looks at the broad issue of process in...
Greg Smith
Jan 8, 20191 min read
238 views
0 comments


New Western Australian WorkSafe Commissioner Appointed
On 18 December 2018, the WA State Government announced Darren Kavanagh as the new WorkSafe Commissioner. According to the media release:...
Greg Smith
Dec 30, 20181 min read
194 views
0 comments


Safety Case(s): Opcon Plumbing Pty Ltd
SafeWork NSW v Opcon Plumbing Pty Ltd; SafeWork NSW v Annous Keywords: Due Diligence; Company Officers I have written before about the...
Greg Smith
Dec 12, 20183 min read
287 views
1 comment
My new book, Paper Safe is now available.
Click on the picture of the book to find out more.
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