Health and Safety Law: Current Concerns
WEB213N36: Explore the hottest topics in the health and safety arena right now. Examine industrial manslaughter and the latest legislation and cases in the area. Explore the mix of workplace investigations and health and safety considerations. Dive into drug and alcohol use and testing in the workplace. Gain the knowledge necessary to deal with each of these critical issues so you can minimise risk for your organisation or clients.
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Ian Latham, Barrister, Denman Chambers
2.00pm to 3.00pm Industrial Manslaughter: A Real Industrial Offence or Simply Manslaughter Dressed up?
- What companies, individuals and their lawyers should know about industrial manslaughter provisions around Australia
- What are companies and individuals exposed to because of these provisions?
- What can be done in an effort to avoid visitation of these provisions?
- The future for industrial manslaughter
Presented by Maurice Baroni, Barrister, Denman Chambers
3.00pm to 4.00pm Managing the Mix of Workplace Investigations and WHS Issues: Coinciding or Colliding?
- Examine compliance issues with potential implications for both employment and work health and safety laws, such as alleged workplace bullying
- Identify some of the kinds of risks that can arise
- Practical tips about how to manage them
Presented by Lucy Shanahan, Partner and Dominic Fleeton, Partner, Kingston Reid
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Drugs and Alcohol in the Workplace: Policies and Testing
- Methods of testing, including the need for concentration cutoffs
- Inadvertent exposure vs consumption: Indicators and metabolites
- Incidence of use
- Working remotely: Is it feasible to test employees working from home?
Presented by Darien Nagle, Barrister, H B Higgins Chambers; Recommended Workplace Health and Safety Junior Counsel, Doyle’s Guide 2020
Presenters
Dominic Fleeton
Dominic is an experienced industrial relations, safety and employment adviser and litigator.
Whether a client is seeking proactive assistance to shape a strategy for a project, transaction or emerging issue, or seeking representation in responding to an active claim or proceeding, Dominic identifies the client’s objectives and priorities, works with them to formulate options that are geared towards achieving them, and then pursues the chosen course of action with energy, efficiency and enthusiasm.
Lucy Shanahan
Lucy helps clients create a better future for their businesses by helping them successfully navigate their most difficult and complex employee issues and industrial challenges. She is an experienced investigator and is regularly engaged to facilitate and report on complex and sensitive employment-related investigations.A highly experienced litigator, Lucy assists clients on a range of contentious employment and industrial relations issues. These include applications relating to bargaining and industrial action, unfair dismissal and bullying claims, actions by senior executives, and post-employment restraint matters. She has appeared in the Federal Circuit Court and Federal Court in multiple adverse action and harassment claims.
Darien Nagle
Darien Nagle was called to Bar in 2007. Prior to his call he was the Associate to Justice Anna Backman in the Industrial Court of NSW from 2005 until 2007. Darien prosecutes and defends WHS matters including being involved in the long running Hunter Quarries matters. He appears in disciplinary proceedings and coronial proceedings for police officers and members of the Public Service Association. Darien also appeared in the Banking Royal Commission, Trade Union Royal Commission and several long running ICAC matters.
Ian Latham
Ian Latham is a barrister at Denman Chambers specialising in employment and industrial law, particularly in the area of civil penalty. He has appeared in many civil penalty cases particularly ABCC v Parker (No 1) and (No 2), BKH Contractors Case (No 1) and (No 2) and FWO v ZNZ, FWO v A-Z and FWO v Robit Nominees. He writes for the Lexis Fair Work Act Service and the Lexis Industrial Relations Act (NSW) Service. He writes articles on workplace law including papers on civil penalties such as The Fair Work Ombudsman and workplace issues: the investigation process, 23(5) ELB and Practice and procedure in defending FWO prosecutions 23(4) ELB.