Podcast: Ep 32 Special Counsel Jeremy Kennedy Explains How New NSW Legislation Wipes Ability To Insure In Podcast 32 for OHS.com.au, we discuss the new legislation about to go through the NSW parliament that makes WHS Penalties tougher on business owners / PCBU’s. Once passed, the ability to insure against WHS Criminal Penalties will become illegal. […]
Roberts Legal has an expert team headed by Jeremy Kennedy who is a nationally regarded and awarded practitioner who can assist your business in dealing with the entire gamut of workplace related matters.
Our team are considered leading experts in Workplace Health & Safety Law and assist in serious incident management, regulator investigations and prosecutions throughout Australia.
We are available 24/7 to meet your needs and provide timely and practical strategy and assistance in managing your workplace issues.
Roberts Legal works with businesses and their officers to manage work health & safety (WHS) issues from serious and catastrophic incidents to legislative and regulation compliance audits.
Our team knows the importance of comprehensive systems to ensure that businesses & officers are meeting their WHS obligations and are leading edge and strategic in their approach to providing the best outcomes and legal protections for their clients.
From developing tailored systems to providing a rapid and thorough response following an incident, Roberts Legal’s team are considered almost the most experienced and sort after safety lawyers in Australia.
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Contact Jeremy Kennedy on 0434 499 523
Yancoal Ltd (Ashton Coal)
Acted on behalf of Ashton Coal and Yancoal and the companies Directors/ Officers in relation to a high-pressure drilling incident involving a third-party contractor’s employee who was severely injured. This included a two (2) year investigation by the Department of Mines. The matter involved attending interviews of some 25 witnesses and responding to extensive formal notices for documents and information. Jeremy Kennedy undertook an Internal ICAM Investigation on behalf of Yancoal / Ashton including obtaining expert evidence which proved to be exculpatory and following extensive submissions to the Department resulted in no prosecution of Yancoal / Ashton or their directors and officers. The contractor company and its officers were successfully prosecuted.
Idemitsu Coal Ltd (Boggabri Coal)
Acted on behalf of Boggabri Coal in relation to response to an investigation by the Department of Mines with respect to a fatality involving a third-party contractor’s employee who was killed in an incident involving an elevated lift platform (ELP). The outcome involved no prosecution against Idemitsu/ Boggabri Coal as the PCBU / mine operator.
Hunter Quarries Pty Ltd
Acted on behalf of Hunter Quarries and its officers and directors in relation to a fatality at Hunter Quarries at Karuah involving an excavator operator who rolled an excavator down the wall of the quarry sustaining fatal crush injuries. The matter involved significant negotiations with and management of regulators and investigators from three (3) separate entities including the NSW Police on behalf of the Coroner, the Department of Mines (up to seven (7) inspectors) and SafeWork NSW. Successfully negotiated outcome for access to recover the body and initial response around the clock for 24 hours/seven (7) days.
Lake Coal Pty Ltd / Chain Valley Mine / LD Operations Pty Ltd
Acted on behalf of the mine operator and related entities and officers in the Department of Mine’s investigation and prosecution against multiple entities following an underground fatality involving a large slab of coal falling upon an operator. The matter involved a two (2) year investigation and 45 records of interview and formal responses to over 35 formal notices from the regulator and a response with over 5,500 documents. Jeremy Kennedy was able to negotiate an outcome where the officers of the coal mine and related entities were not prosecuted and a successful guilty plea involving relatively low fines only one company.
Cobbora Coal Mine Proposal, Ashton Coal, Whitehaven Coal, Boggabri Coal, Muswellbrook Coal
Providing advice to Greenfields and expansion coal mine projects on set up of WHS Management Systems and WHS Mines Act for appointment of coal operators / contractors during construction and operational stages of projects.
Newcastle Stevedores Pty Limited
Acted on behalf of Newcastle Stevedores in a multi-faceted investigation by Workcover NSW, Australian Maritime Safety Authority and the Police/ Coroner in relation to a fatality occurring on board a ship whilst loading for the transport of aluminium ingots where a stevedore was fatally injured when the ingot packs collapsed in the ship’s hold. This including formulating a comprehensive enforceable undertaking in order to achieve no prosecution of the company or its directors.
Port of Newcastle
Acted in relation to investigation into fire and explosion at Kooragang Wharf 4 when a large gantry crane was being demolished and hot works caused a conveyor belt to catch on fire. This included investigation by the Coroner, SafeWork NSW and NSW Department of Environment. As a result of the legal response to the investigation no prosecution occurred.
Newcastle Coal Infrastructure Group (NCIG)
Provided comprehensive advice on the WHS regulatory systems and jurisdictions applicable to a coal loading facility and port operation for rail transport, storage and loading of coal onto ships in Port of Newcastle. Undertook complete review of systems and compliance and conducted training for senior management and the executive board on WHS compliance and responsibilities. Also dealt with protestor access to site and advice on utilisation of WHS legislation for prosecution of protesters and trespassers to site.
JBS Australia Pty Ltd / Coorona Feedlot
Acted on behalf of JBS / Coorona into and investigation and prosecution by SafeWork NSW into a fatality occurring at the feedlot when a contractor suffered fatal burns following his excavator catching on fire whilst battling a stubble fire at the feedlot caused by spontaneous combustion.
Macleay River Protein Pty Ltd
Acted on behalf of the abattoirs in a fatality matter involving an operator who was fatally injured following being crushed by forklift which had a hand break malfunction and pinned the operator to a wall whilst involved in cleaning the vehicle. This included attending interviews and providing responses to SafeWork NSW investigation notices and advice on prosecution and plea in mitigation.
Engineering & Manufacturing Industries
J & S Engineering Pty
Acted on behalf of J & S and its directors in relation to a workplace fatality that occurred at its manufacturing site at Rutherford when a contract transport company’s employee was fatally crushed when a drilling rod being loaded onto a trailer rolled off and hit and crushed the driver.
ABC Tissues Pty Ltd
Acted on behalf of ABC Tissues in relation to a serious incident when the operator of a tissue rolling machine sustained a partial amputation of his hand when he had disabled safety curtains to access a restricted area. This included acting for the company and officers during the SafeWork investigation and undertaking an internal investigation into forging of access keys by staff to enable access to restricted areas.
Acted in relation to a fire/explosion as a result of hot works at Port Pirie Rail Yards and investigation and prosecution by Workcover SA.
Australian Rail Track Corporation (ARTC)
Provided advice on contractor management systems for management of large rail/track shutdowns and maintenance projects and provided training to 250 managers/ supervisors on legal issues associated with contractor management.