Our team guides businesses through workplace health and safety challenges and crisis situations. We help clients maintain safe work environments, respond effectively to critical incidents, and manage regulatory obligations. Our goal is to protect our clients’ interests while ensuring the wellbeing of their workforce.

Overview

Work health and safety (WHS) is a critical concern for all Australian businesses, regardless of size or industry. The Work Health and Safety Act 2011 and corresponding state legislation establish a comprehensive framework for ensuring safe workplaces. This legislation imposes significant obligations on businesses, directors, and officers to provide and maintain a work environment that is free from risks to health and safety.

Compliance with WHS laws is not merely a legal obligation but a fundamental aspect of responsible business practice. Failure to meet WHS standards can result in severe penalties, including substantial fines and, in extreme cases, imprisonment for individuals in positions of responsibility. Moreover, WHS incidents can have far-reaching consequences, including operational disruptions, reputational damage, and loss of employee trust.

Crisis management in the context of WHS involves rapid response to workplace incidents, managing regulatory investigations, and implementing strategies to prevent future occurrences. The aftermath of a serious WHS incident can be chaotic and stressful, with businesses facing immediate operational challenges, potential legal liabilities, and intense scrutiny from regulators, media, and stakeholders.

Effective crisis management can significantly mitigate the legal, financial, and reputational risks associated with workplace incidents. It requires a coordinated approach that addresses immediate safety concerns, manages communication with various stakeholders, and navigates complex legal and regulatory requirements.

Our approach

Our team takes a proactive and comprehensive approach to WHS and crisis management. We work closely with clients to develop robust safety management systems that not only ensure compliance with legal obligations but also foster a culture of safety within their organisations.

We conduct thorough risk assessments across all aspects of our clients’ operations, identifying potential hazards and developing practical strategies to mitigate risks. This includes reviewing and updating WHS policies and procedures, conducting safety audits, and providing tailored training programs for staff at all levels.

In crisis situations, we offer immediate support and guidance. Our lawyers work alongside clients to manage the immediate aftermath of incidents, coordinate responses to regulatory inquiries, and develop strategies for long-term risk mitigation. We understand the importance of swift action and clear communication in these high-pressure situations.

Our team is experienced in dealing with WHS regulators and investigators. We guide clients through regulatory investigations, helping to prepare responses, manage site visits, and navigate enforcement proceedings. Where necessary, we provide robust representation in defence of prosecutions or in relation to enforceable undertakings.

We also assist clients in developing and implementing crisis management plans. These plans ensure that businesses are well-prepared to respond effectively to WHS incidents, minimising potential harm and legal exposure. Our approach emphasises clear decision-making processes, effective communication strategies, and procedures for preserving critical evidence.

Representative experience

• Developed a comprehensive WHS management system for a large construction firm, significantly reducing workplace incidents and improving regulatory compliance.<br><br>
• Guided a manufacturing client through a SafeWork investigation following a serious machinery accident, minimising potential penalties and implementing improved safety protocols.<br><br>
• Assisted a healthcare provider in managing a crisis related to a COVID-19 outbreak, coordinating the response to health authorities and affected stakeholders.<br><br>
• Successfully defended a transport company against WHS prosecution, resulting in all charges being dismissed after presenting evidence of the company’s robust safety practices.<br><br>
• Conducted a thorough WHS audit for a national retail chain, identifying potential risks and implementing corrective measures across multiple sites.<br><br>
• Advised a mining company on crisis management following a significant environmental incident, managing regulatory investigations and implementing a comprehensive remediation plan.