Queenslanders have joined the Australian Capital Territory in having industrial manslaughter provisions on the books, Victoria is currently in consultation on industrial manslaughter offences and Western Australian has also announced their intent to introduce such provisions. The Lyons Review of WHS in the NT also recommended the creation of industrial manslaughter offences. The results of the state election may have halted the progress of industrial manslaughter offences in NSW for now. However, the Boland Model WHS Laws Review recommendations in favour of the introduction of industrial manslaughter as part of Australia’s harmonised WHS Laws, means that it may only be a matter of time before more jurisdictions jump on board.
Whatever we may think of the need for industrial manslaughter offences and whether they are fit for purpose as the solution for the problem they are said to solve, it is a reality with which industry must now grapple.
Join Clyde & Co health, safety and security partner Alena Titterton as she explores:
Join Alena Titterton and a host of other exceptional speakers at the 2019 SIA National Health and Safety Conference on 21-23 May at the International Convention Centre (ICC) Sydney.
The conference will challenge the thinking of health and safety professionals and set the agenda for the future of safety. The program will showcase some of the best national and international speakers who will explore the conference theme: Back to the Future.
Alena Titterton is a health, safety and security partner of the global law firm Clyde & Co. Alena is dual qualified in law and behavioural science (majoring in psychology) which allows her to bring a multidisciplinary and practical approach to supporting clients in managing their legal risks in these very challenging areas. Alena works in both the private and public sectors, investigating and responding to incidents, defending clients in claims and prosecutions but also in establishing effective safety management systems and processes proactively before things go wrong. Alena advises Boards and executive teams on safety due diligence and conducts WHS legal compliance audits, having developed the audit tool, ClydeComply.
In the last 12 months, Alena has assisted clients with the review of regulatory notices, defended companies in prosecutions by WorkSafe Vic, represented individuals in worker prosecutions commenced by SafeWork NSW and conducted investigations and regulatory liaison activities in a number of serious incidents in the construction, logistics, aged care, forestry and education sectors. She has conducted critical risk reviews and contractor management reviews for global facilities management companies and the Department of the Prime Minister and Cabinet, conducted ClydeComply audits and due diligence peer reviews and benchmarking activities for a number of organisations including the Department of Foreign Affairs and Trade. She has also delivered due diligence training for Boards, incident investigation, safety risk management training and presented mock trials across private and public sector agencies multiple Commonwealth agencies such as the Department of Defence and the Department of Agriculture and Natural Resources.
Alena is passionate about harnessing the power of technology for greater safety outcomes. She is currently collaborating with Professor Sidney Dekker, Michael Tooma and Kelvin Genn from Art of Work in relation to board reporting on health and safety performance which is being presented to the international mining industry. She developed the iTunes free to download app, ClydeCovered that helps organisations work out whether an OHS incident is notifiable in Australia, New Zealand and Singapore.
She is a highly sought after speaker internationally and in Australia and has presented at the ILO’s World Congress on Safety and Health at Work, annual conferences to the American Society of Safety Engineers, the Canadian Society of Safety Engineering as well as annual conferences for organisations like the Safety Institute of Australia as well as SafeWork NSW consultation conferences. Alena volunteers her time as the Research & Thought Leadership Working Group Chair for the Safety Institute of Australia’s Women in Safety and Health (WISH) Network.
Alena has written extensively on the industrial manslaughter reforms and is the author of a Clyde & Co paper on the topic referenced by Ms Boland in the WHS Model Laws Review Report released by Safe Work Australia earlier this year.