Australia: NSW Supreme Court clarifies inspectors' powers under sections 155 and 171 of the WHS Act

Introduction
The recent decision of Hunter Quarries Pty Ltd v New South Wales (Hunter Quarries Decision),1 has provided welcome clarification regarding the operation of an inspector’s powers under sections 155 and 171 of the Work Health and Safety Act 2011 (NSW) (WHS Act).
Key Points
The key points from the Hunter Quarries Decision are as follows.

First, once an inspector has exercised the statutory power of entry at a workplace, including in order to pursue an investigation into […]

By | November 27th, 2014 ||

Australia: Do you manufacture in Bangladesh? If so, here are 5 things you need to know about the Bangladesh Accord

On 24 April 2013, the collapse of Rana Plaza in Bangladesh killed more than 1,100 workers and injured thousands more. Although not the first garment factory tragedy of its kind, it finally brought to the world’s attention the importance of fire and building safety in the Third World, consumers’ demand for more ethical fashion, and the establishment of the Bangladesh Accord.

Many brands have signed up to the Accord, including Australian signatories Cotton On, Forever […]

By | November 27th, 2014 ||

United States: Video Interview: Discussing The Fifth Circuit Ruling On Outing Whistleblowers With LXBN TV

Following up on our post, Steven J. Pearlman, co-chair of Proskauer’s preeminent Whistleblowing & Retaliation practice group, spoke with Colin O’Keefe of LXBN on the Fifth Circuit’s decision that outing a whistleblower constitutes adverse employment action.  The interview focuses on the background of the case and what the ruling means for employers.

By | November 26th, 2014 ||