Australia: Key findings from the Senate’s review of WHS laws

A Senate Committee has concluded its deliberations regarding its review into the prevention, investigation and prosecution of industrial deaths. A sense of ‘back to the future’ arises in considering many of the Majority's recommendations. The Majority report recommends giving Unions… Read more

Thailand: Respecting Workers’ Rights

Human rights continue to keep the pressure on Thailand's fishing industry, as forced labour and exploitation claims get increasing exposure. Human rights groups continue to report of coercive labour practices in Thailand, in particular, in the fishing industry. In 2015,… Read more

Australia: Petroleum and gas industry faces changes

In anticipation of amendments to the Petroleum and Gas (Production and Safety) Act 2004 (Qld) (Act), companies covered by the Act should begin turning their minds to current appointments and potential changes they may wish to implement, particularly taking into… Read more

Australia: Proposed changes to the HVNL

The Heavy Vehicle National Law and Other Legislation Amendment Bill 2018 (the Bill) was introduced into Queensland Parliament yesterday to amend the Heavy Vehicle National Law Act 2012 (Qld) (the Act). A copy of the Bill can be found here.… Read more

APAC: Individual Liberty Under Workplace Safety Laws

Workplace health and safety laws can often be confusing and the consequences of a breach can be significant. This month our team looks at whether there are penalties and offences under workplace health and safety law which can be imposed… Read more

Australia: Safety due diligence: one size cannot fit all

With a heightened awareness of officers' WHS due diligence obligations, there is a risk the lines between governance at the board level and management at the executive level are blurred - which is potentially bad for safety. Steve Bell and… Read more

France: The Loi Travail – Briefing 2

This briefing summarises the Macron reforms to consolidate works councils and other employee representative bodies, through the ordonnance on "the new organisation of social and economic dialogue and encouraging the exercise and importance of trade union responsibilities". ... Read more

Japan: 45 hour overtime cap proposed

On 5 June 2017, the committee deliberating on the proposal to cap overtime made a written submission to the Minister of Health, Labour and Welfare proposing to cap overtime to 45 hours a month, with an annual cap of 360… Read more

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies… Read more

Australia: ABCC v Powell – Right of entry and the OHS Act

In an important Full Court appeal decision, Bromberg J’s decision in Director of the Fair Work Building Industry Inspectorate v Powell [2016] FCA 1287 was overturned in the Federal Court last week. In the first instance decision, Bromberg J found that… Read more

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA). Judicial consideration of these provisions is rare. In the harmonised jurisdictions there… Read more

Japan: Combatting the overtime culture

Currently, employers are in principle prohibited from causing employees to work more than 8 hours a day or 40 hours a week. Subject to a Labour Management Agreement being entered into with a union consisting of more than half the… Read more

Singapore: Tripartism Updates

Labour policy in Singapore has long been handled collaboratively by the Government, employee unions and employers in what is known as the tripartism movement. This movement has now been formalised through the setting up of a corporate body, Tripartite Alliance… Read more

Australia: Health and Safety Frequency – April 2017

Welcome to Herbert Smith Freehills Health and Safety Frequency for April 2017, where we touch on legal developments in Australian health and safety from the last three months and give you some more personal insights into what we and our… Read more

Singapore: Compliance Check – Workplace Incident Reporting

The Ministry of Manpower requires employers, workplace occupiers, and doctors to report workplace incidents where an employee, a self-employed person, or a member of the public dies, is injured or contracts a disease in certain circumstances. Is your company compliant?… Read more

South Korea: Changes to Occupational Safety and Health Regime

In response to a recent spate of incidents involving employers covering up industrial accidents, proposed amendments to the Occupational Safety and Health Act (Act) are currently being considered by the National Assembly. The proposed amendments will target anyone who engages… Read more

Singapore: Preventing workplace injuries

The Singapore District Court recently heard a claim by a former employee seeking further compensation to that already provided by his employer following a workplace injury. While the claim was dismissed, the case is a timely reminder for employers of… Read more

Russia: Higher penalties for breaches of employment legislation

On 1 January 2015 new amendments governing the liability of employers for breaches of Russian employment legislation entered into force. In particular, the general penalty for breach of employment legislation has been increased. Moreover, some new penalties have been introduced… Read more