PERSONALITY
SAFETY MANAGEMENT: T H E PA R A D OX V I E W A LAWYER WITH WAYLAND LEGAL WHO SPECIALISES IN THE LEGAL ASPECTS OF HEALTH AND SAFETY MANAGEMENT, GREG SMITH IS THE AUTHOR OF A NUMBER OF BOOKS INCLUDING CONTRACTOR SAFETY MANAGEMENT WHICH WON THE 2014 EDUCATIONAL AWARD FROM THE WORLD SAFETY ORGANISATION.
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t a standing room only presentation at the 2019 ALC/ATA Safety Summit held in Sydney, Greg expressed his fervent concern about organisations committing significant resources into systems of safety management which can increase legal risks and threaten, rather than improve, actual safety outcomes. Greg also spoke with Prime Mover magazine with the understanding that his comments are general in nature and not to be construed as legal advice. 60
n ove m be r 2019
PM: You use the term ‘safety paradox’. How is it that safety administration can be a threat to safety rather than a solution? GS: The great majority of what we do in the name of health and safety is about the collection of evidence based on activity and has nothing to do with safety. Most reports are merely a measure of activity and I would suggest tell absolutely nothing about whether the health and safety of the business is being adequately managed. In the case law that I’ve worked on for the last thirty-odd years there is not one
example where a company has presented their monthly health and safety report as evidence that their systems are safe. When we look at a large number of safety initiatives, not only do they not create a safety benefit, but in many cases they actively undermine the things we want to achieve in health and safety. PM: The amendments to the Chain of Responsibility legislation in October last year have put more focus on contracts. Should transport operators be concerned? GS: The relationship between legal
