Occupational Health and Safety

Minter Ellison’s reputation as having a pre-eminent OH&S practice has been built on our specialist knowledge of the law and how it applies to the industries in which our clients operate. We provide our clients with strategic advice which is focused on effective methods of compliance and successfully managing legal risk. We are regularly called on to advise boards and individual directors and officers on protections against personal liability in the safety context.

Our OH&S practice spans a wide range of industries, both in the public and private sectors. For example, we do a significant amount of work in the energy and resources, construction, transport and manufacturing industries where there is often an inherent risk of serious injury. We draw on our knowledge of the particular risks involved as well as industry best practice control measures to help our clients successfully manage those risks. We assist our clients to develop OH&S policies, manuals, procedures and contractor management systems and are regularly involved in their implementation through workforce training and other education processes. We also advise on workforce consultation and issues around union right of entry.

Our national coverage means that, regardless of where or when an incident occurs, our clients trust that we will be there to support them in ‘real time’. We understand how the OH&S Inspectorate operates and we bring that knowledge to bear in assisting our clients through the investigation process, including attendance at records of interview. We also proactively engage with the Inspectorate to minimise the risk of prosecution.

We have an impressive track record in the defence of safety prosecutions and take into consideration the full commercial and reputational impact of an incident on a client’s business when advising on a strategy response. We also represent our clients at coronial inquests and understand how that process intersects with the OH&S laws. We regularly advise on applying for Enforceable Undertakings as an alternative to prosecution and successfully negotiate terms with the prosecution.

OH&S issues often intersect with industrial relations and discrimination claims. Our national team is trained to view matters within the client’s industrial and commercial landscape, rather than focusing only on the legal issues. For example, we advised Australia Post, Bendigo Mining, ENERGEX, Fairfax, News Limited, TRUenergy and Zinifex in relation to industrial action arising from a variety of OH&S issues.

We are assisting a large number of clients prepare for the harmonisation of OH&S laws, through preparation of a market leading training module and by taking an integrated approach to looking at the impact from the boardroom to the factory floor.