Workplace Manslaughter Law: Accessorial Liability, Prevention & Response
Issues covered include: workplace manslaughter laws, violation, negligence test, mental health, bullying, contractors, prevention, internal polcies, directorand officers liabilities
Description
Over 100 deaths in the workplace in 5 years have resulted in the Victorian Government criminalising workplace manslaughter under a new law. Employers will face up to 25 years jail time and fines of up to $16.5M from 1 July 2020. You will delve deep on how a violation is determined, policies and procedures employers must have in place, dealing with incidents and the Regulator, and the serious accessorial liability implications for directors. This is a must-attend event for all employment lawyers, OH&S lawyers, in-house counsel, HR managers, directors and officers.
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Charles Power, Partner, Holding Redlich; Leading Employment Lawyer (Employer Representation), Doyle’s Guide 2020
9.00am to 10.00am: Overview of the New Law
- Update on Victorian Workplace Manslaughter laws
- Update on Queensland, NSW and NT developments
- Discussion of international manslaughter experience
- Practical tips on dealing with the changed laws
Presented by Steve Bell, Partner, Herbert Smith Freehills; Preeminent Workplace Health & Safety Lawyer, Doyle’s Guide 2019
10.00am to 11.00am: Determining a Violation: What’s the Test and How is it Applied?
- Negligence: What standard of test will be applied when making a determination?
- Mental health, bullying, alcohol & illicit substances, discrimination and harassment
- Contractors: associated risks (including fatal & catastrophic events)
- Consequences of a violation; penalties and damages
Presented by Nicki Milionis, WHS Special Counsel, Norton Rose Fulbright; and Tanya Puri, Senior Associate, Norton Rose Fulbright
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: What You Need to Have in Place: Prevention and Response
- Prevention:
- Internal policies and procedures
- Risk management strategies, reporting and training
- Managing post-incident response
- Dealing with the regulator
- Privilege, investigations, conflict and separate representation
Presented by Catherine Dunlop, Partner, Maddocks; Leading Workplace Health & Safety Lawyer, Doyle’s Guide 2019; Recommended Employment Lawyer (Employer Representation), Doyle’s Guide 2018
12.15pm to 1.15pm: Directors and Accessorial Liabilities
What are the liabilities and can directors and officers be insured against liability in respect of workplace manslaughter?
Presented by Douglas Gration, Barrister, Castan Chambers