It’s fuzzy but clear

For the past two years, I have embraced the notion of living to a fuzzy beacon. Rather than resolutions, SMART goals or concrete commitments a fuzzy beacon is simply a big contextual word that makes me think differently about how I project myself into the year ahead. It is one word, something distinct, to which I live with through the year. Audaciously grand, it is not meant to be easy, and if need be, it is a light to pull me back on track, and to keep me true to my intentions should I waiver.

My first word was BRAVE. It was about being brave, making tough decisions and seizing opportunities. Last year my word was much bolder, it was ROGUE. I deliberately made it bolder, to push me outside my comfort zone, because I am inspired by the motto…

If it doesn’t challenge you, it sure as hell won’t change you.

This motto, I first heard in Soldier Hollow, Utah, USA. I was competing in my first ever Spartan Beast Race. With 12+ miles (21km) and 30+ obstacles between me and the finish line, the Spartan Beast tested everything I was made of – strength, endurance, and resolve.

And they were right, it changed me.

Since then I have lost count of how many Spartan races I have completed. Gaining a trifecta and a double trifecta by traveling across Australia to compete. Thankfully, my family loves Spartan racing too. We jokingly call ourselves the ‘Kemptans”.

I defined ROGUE as being a warrior on a quest towards development, progress and enduring relevance. It was about breaking down barriers that restricted my progress in order to achieve. My intention was to be a rogue with a ‘quiver of options’ – because with a quiver of options and meaningful progress I will outfox the Inevitable Kraken of Doom!

Reflecting on 2017, I am pleased with my efforts. When I was faced with uncertainty, I asked myself what would a rogue do? I pushed myself to achieve things that I once thought would ‘be nice’. I even managed to encourage others along the way. One of the biggest ROGUE actions I took late last year, was to take on an enterprise compliance management role. This has broadened my focus beyond my safe world of safety. And I am looking forward to the challenges and new learnings this role will bring in 2018.

As such, for 2018 I have chosen a word inspired by the Byzantine period. A time when Sparta was at its peak and Justinian (I) the Great was the Roman Emperor (527 to 565BC).

My fuzzy beacon for 2018 is JUSTINIAN.

It kinds of sounds of bit historically wanky, and I am not a history buff. However, when I read the stories about Justinian 1 and the people of Sparta there were many aspects that inspired me:

  • Justinian was ambitious and known for the partial “Restoration of the Empire”.
  • His legacy was the uniform rewriting of Roman law, the Corpus Juris Civilis, which is still the basis of civil law in many modern states.
  • He was a prolific builder and most notably for splendidly rebuilding the Hagia Sophia.
  • He was a prolific builder and most notably for splendidly rebuilding the Hagia Sophia.
  • He took measures to counter corruption in the provinces.
  • He gave greater administrative power to the leaders of the provinces, with an aim to simplify administrative infrastructure.

I see this relating to my new role as there is an element of ‘restoring compliance’ in the enterprise. With a strong focus on legal and regulatory compliance, I will be rebuilding a compliance system so that it will provide a stronger supporting structure for the leaders. Integrity is one of my first compliance priority areas, which will provide assurance that we manage crime and corruption appropriately. My greatest challenge for the year is to establish a simplified compliance management framework to ensure clarity of ownership and accountability among the leaders of each compliance area.

Now, while the history of Sparta has its negatives (like all civilizations) it was also known for its unique social system and constitution. It was described as an ideal state, strong, brave, and free from the corruptions of commerce and money. Spartan women had status, power, and respect that was unknown in the rest of the classical world. Women enjoyed considerably more rights and equality to men, girls were fed the same food as their brothers and received extensive formal education.

Spartan women were notorious for speaking their minds even in public!

Spartan women also had economic power because they controlled their own properties and those of their husbands when at war. Many women played a significant role in the history of Sparta, the most notable being Queen Gorgo, who was an influential and well-documented figure. Plutarch’s Moralia includes a response from the Queen when asked ‘why Spartan women were the only women in the world who could rule men?’ She replied ‘Because we are the only women who are mothers of men’.

Being a mother of two children, one boy – one girl, I believe it is important to raise them to be strong, brave and respectful. When reading about how the Spartan girls are fed, educated and military trained just like the boys it made me reflect on how I treat my daughter quite different from my son. Don’t get me wrong, I feed and educate them both! But when it comes to doing something challenging or even risky, I find myself expecting and encouraging my son to take more risks and telling my daughter to be more careful. This realisation hurt. Not only was I being restrictive and unfair to my daughter, but I was also not teaching my son (1) safety values and (2) that girls can be brave too.

So, in 2018 I am endeavouring to be Justinian in all aspects of my life. Here goes…


Read more about fuzzy beacons from Dr. Jason Fox here.

Get some goal-setting tactics from Holly Ransom here.

Things that make you go Eewww!

For the past couple of years I have been speaking at conferences, forums and seminars on topics like safety leadership, safety culture and restorative justice in the workplace. I have really enjoyed sharing these stories, ideas, success and failures (and will continue to do so!).

Here is my cognitive dissonance. For the last two years my ‘fuzzy beacons’ have been; Brave and Rogue. My question is, have I been brave or rogue?

In many respects, I think yes. But have I been truly brave enough to tell my story?

Why I am so passionate about what I do…

Not really.

So in 2018, I am going rogue and being brave. I am sharing with the world my story about the debilitating and humiliating post-infectious syndrome; Guillain-Barré Syndrome that changed my life and how it has driven me to become a passionate and determined Young Safety Professional.

Aptly titled: Don’t give your workmates the sh!ts

I talk about suffering from a debilitating illness that developed after contracting an everyday infection from the workplace; Gastroenteritis. Eewww…we all know what that is!

Naturally, with a few number-2 jokes thrown in, I emphasise that it is okay to have a sickie and keep your infectious diseases to yourself.

But it is not all sh!ts and giggles, I do provide the audience with evidence-based research into workplace wellbeing, managing workplace illnesses and post-illness rehabilitation. With learning outcomes such as:

  1. Enriched awareness of occupational health, illness and diseases.
  2. Understanding the risks of workplace infection.
  3. Appreciating workplace illness rehabilitation.

I’m now taking inquiries and bookings for keynotes and conference presentations for 2018 & 2019. Other topics I also speak on include Bureaucracy Busting and the Perspective of a Young Safety Professional. My keynotes are always customised to suit the theme of your event. And of course, I am always willing to talk about workplace safety and creating enduring change. For more information check out my webpage


How are you serving compliance?

Compliance, we all know what it is… conforming to a rule, such as a specification, policy, standard or law.

For those who manage compliance, let’s be frank – Compliance just isn’t sexy!

It’s not like Governance, where everything is big and it’s all about policy and everyone feels like a leader.

It’s not like Insurance, where everyone gets it or knows they should have it.

It’s not procurement, where you get a car and you get a car, everybody gets a car!

And it’s definitely not sexy like Enterprise Risk. Where everyone who sits down to play ‘Risk’ feels like a high-roller in Vegas.

In thinking about the value proposition for a Compliance Manager, I started to think about what compliance means to people. I came up with two things.

First, compliance is awkward. It is a bit like a school uniform. At first, it is stiff and uncomfortable and you only wear it because you have to. It the law! But then after a while, you become used to it and you realise that rather than fight it is easier to just wear it.

And the second thing is Compliance is based on fear. If you owned a car like this (and who wouldn’t want to?) you have a choice to make. You can be compliant with laws and follow the speed limits or not. No matter what car you own, we all choose to follow the speed limits, because we are scared of being in a crash, being caught by police and getting a fine or losing our licence.

Comfort and fear are feelings and only people have feelings, not policy.

So, in building a system to manage compliance, I feel it is important that we consider the people and not just the law. That the compliance system enables and provides opportunity for the people and doesn’t just place conditions or constraints on them.

Recently in describing and presenting on Compliance Management, I took a different approach. I created…

Compliance Bento

Now if you are not familiar with Japanese cuisine, a bento is a traditional meal in a box for an individual. However, it isn’t all thrown in and mixed up like a messy stir fry. A bento has compartments which organises and contains the food.

Bento means ‘convenient’, so I have used the bento to symbolise that compliance should not be awkward, it should be convenient and organised neatly in a system for people (and nothing to fear). The box itself represents the organisation and its culture. With a vision to…

‘Embed compliance in the culture of the organisation and in the behaviour and attitude of the people by considering their needs and expectations’.

To achieve this vision, the value proposition of the Compliance Manager is to:

  • Help people comply – so they know their obligations and how to meet them.
  • Help demonstrate compliance – through ownership and a system to maintain compliance obligations.
  • Help leaders govern – providing assurance that we are meeting our obligations and inform decision-making where we are not compliant.

Inside the bento is the Compliance Framework. It is pretty self-explanatory, so rather than explain the model, here is a picture.

Leadership commitment is about leaders demonstrating their commitment by ensuring the compliance policy and objectives are established and by ensuring that the resources needed for the compliance are available, allocated and assigned to ultimately enable a compliance culture.

Oh, and did you see the Kit Kat?

That represents:

  1. Chopsticks (because how else do you eat your Bento meal?).
  2. The little reward you get when you demonstrate compliance and that perhaps you can take a break (momentarily!).

That is just a snapshot into how I am delivering enterprise compliance differently. By creating a series of touchpoints between individuals and the organisation. All of which, will work towards influencing the culture and embedding compliance. To take the fear and awkwardness out of compliance and turn it into something that enables and creates opportunity.

By making compliance about the people and not just the law. By seeing people as the solution and treating them as the solution, so that they will act as the solution.

Then ideally compliance is the vibe….


What is YSPspeak?

Straight up, let’s make this very clear…YSPspeak is not a conference!

YSPspeak is compact and concentrated event comprising of a suite of short, carefully prepared talks, demonstrations and dynamic performances that are idea-focused and cover a wide range of safety subjects.

It’s like a shot of safety adrenaline!

It is about presenting the best of the best to provoke thoughts, ideas and inspiration. Speakers have between 10 and 18 minutes to capture your mind, present their ideas and inspire your imagination. We aim to foster learning, creativity and curiosity – and generate safety conversations that matter.

There is no sales pitches, no book launches, no pseudoscience.

Showcasing young safety professionals, YSPspeak provides an opportunity for the passionate and idealistic to be in the spotlight. With speakers representing the diverse of issues and voices from the many disciplines of occupational health, safety and wellbeing.

YSPspeak 2016 – Speakers

After the success of the inaugural event YSPspeak 2016, this year’s event is expected to the bigger and better!

YSPspeak 2017 is the major national event for the Young Safety Professional Network in Australia.

RETHINK is the dogma!

Returning on 21 October 2017, to spectacular GHD Auditorium, located in the Advanced Engineering Building at The University of Queensland, Brisbane, Australia.

We are now on the search for sponsors who want to be a part of something truly awesome!

To be part of YSPspeak 2017, you can contact me directly or email the organising committee at


The Safety Institute of Australia’s Young Safety Professionals Network (YSP) is a networking forum for safety professionals. The network aims to provide you with opportunities to connect, engage and develop in the safety profession. We’ll do this by sharing insights and lessons learnt from our own careers, and encourage you to share your questions and career learnings with others. We are committed to creating a network of people passionate about safety, and making a positive contribution to industry as future leaders in this space. YSP run regular meet-ups to help generate a support network through the sharing of issues, ideas and achievements.

Join the Young Safety Professional Network Group on LinkedIn and follow the YSP Australia twitter account @YSP_Aust

What do SIA members want to know about me?

I am sincerely honoured to be nominated by a fellow Young Safety Professional (YSP) for election to the position of Director on the Board of Safety Institute of Australia (SIA). Voting has just begun and if you are a member, click on the voting link you will see my candidate statement.

Before you do though, I just want to say writing this statement was really hard. There is no selection criteria or word limit and what do voting members want to know about me?

I decided that I didn’t want to tell people where I’ve worked…blah,blah. I wanted to share a bit about me that you don’t see on my LinkedIn profile. So below is the version I initially wrote that I eventually summarised. But then I thought, why not share this story with everyone.

First though, I have to share how this all started…

You’ve got mail…
Subject: 2017 Call for Nominations for the SIA Board of Directors

Tim: Interested? I’d be keen to nominate you.
Me : OOH! I’m flattered you thought of me! I would love to be nominated.
Tim: Attached is the nomination form signed by me…also – awesome work by the QLD YSP crew!

Don’t you just love how we have evolved to communicate in 140 characters or less!

So here is the extended remix version of my candidate statement. Feel free to post good comments about it 😉

My name is Naomi Kemp and I’m guessing like many other members, my career in safety started well before I was qualified. I was asked to be the WHSO in a Power Station and to be honest, I felt a little overwhelmed by the role at first. However, I had a senior safety manager to coach and mentor me. He helped me grow from a tradesperson to a safety and training advisor. It was during this time my passion for safety grew.   
After moving to Newcastle, NSW, I had the opportunity to work with another great mentor who taught me the in’s and out’s of management systems. She really encouraged me to take my safety career further and to complete tertiary study, because…

“ we need more women in safety ”

Upon returning to Queensland with my husband, daughter and son, I studied a Bachelor of Occupational health and safety science. I am forever grateful to my husband for supporting me during ‘my sabbatical’. Treating my studies as a full-time occupation, with my experience and passion for safety made me a very unique undergraduate. It was at University, I was introduced to the SIA and encouraged to become a student member by Dr Margaret Cook. Shortly after, I became involved in the Queensland Visions Conference organising committee.
Since then, I have continued to be an active member of the SIA. I am now a Certified OHS Professional Member and hold a position on the Queensland Branch Committee. I attend the Brisbane sub-branch meetings and really enjoy meeting with other members and ‘safety people’ to share our experiences, ideas and thoughts. I also really enjoy meeting and working with people who are new to safety, whether recently graduated from tertiary courses or recently transitioned from other professions. This is why in 2016, I rallied some of my safety friends to convene a Young Safety Professional Network in Queensland. Since then we have held several successful YSP networking events including the premier event YSPspeak.

I was nominated by founder and fellow YSP, Tim Allred. Yes, I am a Young-ish Safety Professional, but I assure you, I fully understand being a director of the SIA is a huge responsibility. I must demonstrate strategic and legal expertise and my ability to manage enterprise risk and people. I must act with integrity and be objective. With my career experience and previous position as a Director on the Sunset Basketball Stadium Board, I understand good corporate governance and I empathise with member’s expectations.

Having been both a safety practitioner and professional, it is a mission of mine to ensure safety is seen as a true profession. This would be something that I would actively seek as part of being a Director of the SIA. With my interest in supporting those new to safety, I would encourage and support affiliated special interest groups such as YSP and Women in Safety & Health (WISH). I also believe there is a need to focus and take action in the area of mental health in the workplace.

Oh and of course, if you are a member of the SIA and eligible to vote…I’m #7 on the ballot!

To risk assess, or not to risk assess: that is the question.

Whether ’tis nobler in the mind to suffer the slings and arrows of outrageous fortune, or to take arms against the sea of troubles, and by opposing end them.

The question for Hamlet was whether to continue to exist or not, the question we pondered was slightly less morbid. In his recent article “What are the 3 big problems with current safety practice?”, Dr Drew Rae suggested that one of the problems with the current practice of safety is that ‘risk assessment neither reduces risk nor increases understanding of risk’. At our recent YSP Old event, we argued for and against this statement. Moreover, while no side came out the winner, there was definitely a passionate voice, let’s just say no one was laying down their guns and surrendering!

So let’s break down what the Young Safety Professionals of Queensland thought…

Aha, but wait I hear you say. You haven’t established the context!

Well we are talking occupational health and safety Risk Assessment, and yes, in terms of that there is still a broad scope. Is it corporate risk, strategic or operational risk, is it an assessment of change or activity? In general, the discussion around this statement was regarding the risk assessment of activity, task or ‘work’.

The arguments that agreed with this statement can be categorised into two main points:

  1. Reasoned Action
  2. Limiting Liability

The theory of reasoned action (Fishbein & Ajzen, 1967), aims to explain the relationship between attitudes and behaviours within human action. Moreover, that the decision an individual makes for engaging in a behaviour is based on the outcomes they expect as a result of their action. Many of the arguments to suggest that risk assessment neither reduces risk nor increases understanding related to people’s attitudes towards having to complete a risk assessment versus wanting to do one. That risk assessment is ‘subjective and dependent on the intent of their use’. Leading to behaviours such as ‘tick-n-flick and complacency’. Behaviours that are reinforced by the lack of consequences because ‘no one is looking at them [risk assessments]’.

Others argued that ‘lag time between logging something and getting action reduces buy-in’ and that the ‘documenting exercise’ by administrative staff ‘reduces consultation between management and workers’. Suggesting that these consequences also reinforce the attitudes and behaviours as mentioned above.

Regarding limiting liability, some argued that risk assessment is a tool used to ‘reduce liability rather than focusing on fixing the issue’. There was also a suggestion that they are used as evidence to ‘demonstrate an assessment of risk, acceptance and justification that existing controls are reasonably practicable’.

In a more sweeping statement, it was suggested that a ‘Blanket Approach’ to risk assessment neither reduces risk nor increases understanding versus a ‘Tailored Approach’. Posing the question to OHS Professionals…

Quantity vs. Quality – at what point are we not adding value?

In contrast to those who agreed with the statement, others argued that this, in fact, is not really a ‘problem‘ with the current safety practice. Suggesting that even though risk assessment may not reduce risk or increase the understanding of risk, the process empowers people to take ownership. That risk assessment which is team-based engage workers and give ‘more power to the people and not to head office!’. And yes, while they may not be the perfect, they may not reduce risk, they do ‘get people into the habit of looking for risks up front’. So is there really a problem with that?

In my personal opinion, I do not think we have necessarily reached a quietus to this argument, but we have definitely chewed the fat. From the YSP’s point of view, it seems more likely that this generation is going to ‘take arms against the sea of troubles’ and not ‘suffer the slings and arrows’. Moreover, while we may not see the end of risk assessment per sae, it is the YSP’s who are keen to explore safety…dare I say…’differently’.

This article is 1 of 4, that the YSP Network of Queensland are posting after our first event on the 22 February 2017. I have had the privilege to summarise the thoughts, ideas and comments raised by the amazing group that attended the event.

Reflecting on the arguments raised by the YSP’s, it became apparent their views on this statement were very much at an operational risk management level. That is, the day-to-day risk management activities. Which perhaps reflects on the nature of the positions the YSP’s currently hold within their organisations. As such, I call to all you more senior-positioned OHS professionals to ensure you engage with YSP’s and coach them on how to think and function at a more strategic level within their organisation.

Join the Young Safety Professional Network Group in LinkedIn and and follow us on twitter @YSP_Aust

Is there a change in prosecutorial mindset?

It is alarming and sadly a true statistic that as at 30 March, 45 Australian workers have been killed at work in 2017. This is 10 more than in the same period last year. Forty-five families that no doubt wish to see justice for the loss of loved one.

For many, the next question is how many of these workplaces have or will be prosecuted?

Another concerning statistic is the inverse proportion of prosecutions. In recent times, the number of WHS prosecutions have fallen to less than half of that 10 years ago according to Michael Tooma in a recent article published by OHS Alert.

Coupled with fewer WHS prosecutions being pursued we are also seeing penalties for offences at only a fraction of the maximum fines under WHS legislation. Quite the opposite to the predictions being made by commentators pre-harmonisation. I wrote in a previous article that “in one Australian jurisdiction over the past 2 years, penalties for those found guilty of a category 2 offence have averaged $35,000”. These cases included injury outcomes such as severe lacerations or fractures, amputations, spine and brain damage. This average is approximately 2% of the maximum penalty in that jurisdiction. In addition, the average penalty for a single fatality was $160,000, almost all with no conviction recorded. At the time of publishing that article, that jurisdiction had begun pursuing its first category 1 matter where they allege recklessness.

My article was attempting to highlight the seemingly low levels of penalties and the few amount of convictions being recorded and publicised. Discussing how victims/families may not feel that justice has been served when penalty outcomes are so low compared to the potential maximum fines. I explained that government regulators view and utilise prosecution as a deterrent. However, I argued that with such low penalty outcomes, few convictions being recorded and cases being publicised, prosecution is losing its edge.

To some, it could be considered a shallow threat.

Tooma suggested recently, that Australia is facing a crisis in WHS Regulation with a lack of prosecution action, inconsistent enforcement of the harmonised WHS laws as well as inconsistent penalties for similar offences across jurisdictions and within. While I don’t believe he was suggesting that inconsistent regulation is a causal factor of workplace fatalities. I believe he is demonstrating there is a correlation that questions the deterrence effect. Raising the concern that people and employers may not take safety seriously. That they will weigh up the chance of something going wrong and the cost of a potential fine against the cost of instituting higher safety standards.

With an increasing number of manslaughter charges being pursued by police against individuals following work health and safety incidents. WHS commentators consider this concern to be translating across the community into other enforcements agencies with the power to act on such matters. A prominent example was in November 2016, when Queensland witnessed the well-publicised arrest of a builder charged with double manslaughter in relation to the double fatality at the Eagle Farm Racecourse construction project. Queensland Police alleging the builder was negligent. These charges came while the WHS regulator was still conducting the investigation.

Bochenek & Tooma suggest that this move to pursue serious criminal charges against individuals by criminal prosecutors ‘signals a change in prosecutorial mindset’. One ponders if this trend of pursuing manslaughter charges will become the prosecution norm. Discussion among safety networks is all about whether police services are taking things into their own hands as they have little confidence in safety regulators taking appropriate and timely action. There is little doubt that criminal prosecution for workplace incidents will have an increased deterrent effect.

So is this change in prosecutorial mindset the way forward?

Tooma suggests that to avoid a crisis, WHS regulators need to increase prosecution action and become more consistent with penalties across jurisdictions and within. Such efforts are also likely to generate a stronger deterrence effect. Interesting, in the UK there has been a different approach. In 2016, they introduced the Definitive Guideline on Sentencing in cases of health and safety and corporate manslaughter (the “Guideline”).

This change in sentencing has certainly had an impact. By directing the court to set a fine, which is, “sufficiently substantial to have a real economic impact which will bring home to both management and shareholders the need to comply with health and safety legislation”. Over the past year, a significant impact has been seen with large organisations being handed massive penalties. While this sounds like a potential option for Australian policy makers, analysis has shown that smaller entities are the ones being hardest hit financially by the Guideline. So while it may deter others, it allows little financial leeway for those entities to invest in health and safety improvements in the future.

So what is the way forward for WHS regulators?

Reported recently, Queensland has appointed an independent reviewer to conduct an audit of the WHS laws with a view to introducing the offence of “gross negligence causing death” and increasing maximum penalties. The scope of the audit is to consider whether an offence of gross negligence causing death and higher maximum penalties should be introduced to create a stronger deterrent from non­compliance. With several tragedies in the state last year, concerns were raised about the public safety matters and the effectiveness of current offences and penalties under the Work Health and Safety Act 2011. The result of this audit and the potential changes to the WHS laws could be a real game changer, especially if it encourages other jurisdictions to follow suit.

Stay tuned…

Enforcing safety differently to create enduring change.

When there is a serious injury, dangerous incident or fatality in a workplace and the regulator is notified an inspector may come to investigate. After which the decision to initiate or proceed with a prosecution is made. This decision is a significant one and the effect on those impacted (e.g. the defendant, an injured worker, or the family of a deceased worker) is likely to be considerable. As such, regulators apply decision-making guidelines specific to their jurisdiction.

If the case meets this ‘prosecution test’ they will prosecute for a contravention of the safety laws. Work health and safety (WHS) prosecutions, like all prosecutions, are a form of retributive justice. Meaning a system of justice based on the proportionate punishment of the offenders rather than rehabilitation[1]. Since the introduction of the Factory Act in Australia, this traditional form of justice generally resulting in a monetary penalty, has been considered the best response to a contravention of the safety laws[2]. However, with the number of serious injuries and fatalities that occur in workplaces across Australia annually, does this punitive practice make a difference?

In general, safety regulators believe prosecution is the best form of deterrence. In Australia, one jurisdiction states they ‘actively draw public attention’ to individuals and organisations it successfully prosecutes for breaching the safety laws as a disincentive for non-compliance[3]. Across Australia, this is further supported by the legislated maximum penalties in the various WHS Acts. With a category 1 offence, ranging from $600, 000 or 5 years imprisonment for an individual to $3 million for a body corporate. And the more common offence, category 2 ranging from $300, 000 to $1.5 million[4].

This seems like a pretty big ‘deterrence’ stick.

However, over the last 2 years in one Australian jurisdiction penalties for those found guilty of a category 2 offence have averaged $35,000. This includes injury outcomes such as severe lacerations or fractures, amputations, spine and brain damage. This average is approximately 2% of the maximum penalty. Penalties for a single fatality in this jurisdiction average $160,000[3].

And what does ‘actively draw public attention’ mean? Well, upon a finding of guilt by the court, the regulator “may publish identifying information in relation to the defendant(s), the offence, the penalty imposed and related matters”[3]. However, where there is a successful prosecution but an order is made that no conviction is to be recorded, the regulator will “remove information from the court summary to avoid breach of the court’s order and infringement of section 12 of the Penalties and Sentences Act 1992”[3].

Perhaps, that ‘deterrence’ stick is a bit soft.

The public say they want to “see justice, that someone must go to jail for this”[5]. However, since the inception of the safety laws in this same jurisdiction, no one has actually been imprisoned[3]. So do they really see justice?

Are prosecution penalties really changing behaviour?

The rational change model is the behavioural change theory that underlies most public policy and should continue to be the fundamental building block model for policy making[6]. Still, it has limitations from a behavioural change perspective. Influencing human and organisational behaviour is very complex. As such, the traditional safety regulator approach may be limited without a solid understanding of how to engage organisations and the effective use of alternative enforcement options[7].

So, rather than just fining those found guilty, should we not encourage alternative sanctions that impose improvements to health and safety in the workplace? In a recent study, a researcher found that prosecution was not the #1 reason for workplaces to improve health and safety. Reporting that it was the experience of a serious injury in the workplace that was the actual driver for change[8].

So, if monetary fines are not the answer then what else is there?

Restorative Justice: defined as a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future[9].

Sounds new and innovative? Not quite, Restorative approaches to crime date back thousands of years. In Sumer, ancient Iraq (c. 2060 BC), the law Code of Ur-Nammu required restitution for violent offences[10].

In Australia, our current safety laws have Restorative Justice provisions. Allowing for sentencing guilty offenders with various orders such as Restoration Orders, WHS project orders, court-ordered WHS undertakings and training orders. The laws even allow for the giving of an Enforceable Undertaking (EU) which occurs before a trial and does not constitute an admission of guilt[4].

In many Australian jurisdictions, training and project orders are commonly-used sentencing methods. Queensland is considered the most prolific giver of enforceable undertakings in Australia, with over 130 undertakings given since it became an alternative option to prosecution[4]. This equates to over $27 million in health and safety improvements across workplaces, industries and communities[11]. More recently other jurisdictions have raised the profile of enforceable undertaking, most notably New South Wales with the giving of 20 undertakings in the past 2 years[12].

Restorative justice in the Australian criminal justice system sees all parties with a stake in a particular offence come together, Victim, Offender and the community. Research shows this collective approach to repair harm, restore relationships and ultimately strengthen society’s social bonds also reduces recidivism[13].

Similarly, Enforceable Undertakings have a collective approach to repair harm through significant, long-term activities in the workplace and across industries and communities. Research has found that those who give an undertaking are less likely to re-offend as they are required to implement safety systems and there is a change in workplace culture[8].

Enforceable Undertakings have generated numerous positive outcomes in one jurisdiction alone[11]. These include:

  • A civil construction company commissioned the development of obstacle detection technology for mobile construction plant and vehicle that automatically applies the brakes when an obstacle is detected.
  • A small recreational company have conducted crash testing research and developed Australian design standards
  • A small waste recycler has conducted mental health workshops in the workplace
  • A sugar mill is developing an industry guideline and methodology for under-rapid-water bridge inspections.
  • A construction company has sponsored a PhD scholarship named by the widow in memory of the worker for research into the relationship between contractors and sub-contractors in the construction industry.
  • A manufacturing company is funding the development of web-based application for schools to maintain machinery safety as well as the installation of safety guarding for plant and equipment in three local high schools.

In this age of disruption, with a growing movement to do safety differently, safety regulators must consider more positive, engaging and enabling approach.

Regulators must consider enforcing safety differently. 

Don’t get me wrong, this is not an argument against the need for prosecution. Rather an argument for targeting it to circumstances where it is most likely to be an effective deterrent. It’s a plea for governments to encourage the use of alternative sanctions that impose improvements to health and safety in the workplace.

More than 10 years ago, Braithwaite argued that what is needed is the creation of restorative justice mechanisms such as community conferences in which workers, victims and their families participate with management (including senior management) in a dialogue about what went wrong and what should be done to make sure it never happens again[9].

Now with the growing use of these alternate enforcement options in Australia, we are starting to build a strong evidence base supporting the use of restorative justice mechanisms. Providing all regulators (not just safety) with a strong case to consider amplifying the use of restorative justice practices to create positive prosecution outcomes.

To create enduring change…


  1. Bentham, J. (1970). An introduction to the principles of morals and legislation. London: The Athone Press.
  2. Cavadino, M & Dignan, J. (1997). The Penal System: An Introduction (2nd ed.), p. 39. London: Sage.
  5. Darley J. M., Pittman T. S. (2003) The psychology of compensatory and retributive justice. Personality and Social Psychology Review 7: 324–336.
  6. Australian Public Service Commission 2015, Changing behaviour: A Public Policy Perspective
  7. Johnstone, Richard & King, Michelle (2008) A responsive sanction to promote systematic compliance? Enforceable undertakings in occupational health and safety regulation. Australian Journal of Labour Law, 21, pp. 280-315.
  8. Unpublished student research study.
  9. Braithwaite, J. (2002). Restorative justice & responsive regulation / John Braithwaite. (Studies in crime and public policy). Oxford ; New York: Oxford University Press.
  10. Finkelstein, J. (1968). The Laws of Ur-Nammu. Journal of Cuneiform Studies, 22(3/4), 66-82.
  13. Larsen, J. (2014). Restorative justice in the Australian criminal justice system. 127, 22.

So…One Word for 2017

No annual goals, no new year’s resolutions here for me. For the second year running, I am taking on a fuzzy beacon*. A big contextual word that makes me think differently about how I project myself into the year ahead. You may not get it, you may think, what the hell does that mean? Actually, it doesn’t matter what you think, because what my fuzzy beacon means really only matters to me. But read on if you dare!

One Word which you live with through the year. Something distinct!

A fuzzy beacon is like a light to pull you back on track, and to keep you true to your intentions should you waiver. Last year my word was Brave. It was about being brave, making tough decisions and seizing opportunities. This year my word is a bit bolder, aha it’s braver. A fuzzy beacon is not meant to be easy, so I have deliberately made it a little uncomfortable for me. Because if it doesn’t challenge you, it sure as hell won’t change you.

My fuzzy beacon is ROGUE.

I have chosen an archetype word. Challenging myself to take upon the role of a rogue. When I’m stuck mud or feeling uncertain about the decisions I need to make, I will ask myself “what would a rogue do?”

Now Rogue is generally defined as someone who is a bit of a scoundrel. To me, Rogue has become redefined in recent times (e.g. X-men, Star Wars Rogue One). So, I see Rogue as the warrior who is on a quest towards development, progress and enduring relevance. It is the justice rogue who is bold and does not fear failure but embraces it to become anti-fragile. It is the rebel who knows the difference between rebellious reactions and rebellious decisions. It is a true fighter who can quell the impetuous urge and take hard knocks gracefully.

In 2017, being a Rogue is about breaking down barriers that restrict progress and achieving a great deal with strategic acquiescence. A rogue with her quiver, a ‘quiver of options’ – is a pioneering leader with a bunch of different strategic pathways to introduce and execute. Because with a quiver of options and meaningful progress and enterprise will outfox the Inevitable Kraken of Doom!

So if you like my thinking and you’re inspired, why don’t you set your own fuzzy beacon? Who knows what adventures you might have!

* Fuzzy beacon is best described by Dr Jason Fox click here to read more.

Or if this is just a bit too frivolous for you, but you are intrigued by the Kraken of Doom then I suggest you read ‘How to lead a quest‘ By Dr Jason Fox.

Do you have Safe Expectations?



So here it is.

My first Safe Expectations blog. And all that comes to mind is…


For the past, I can’t remember how long – I have been immersed in the world of safety. And over that time many people have asked ‘why don’t you consult?’

My answer has never waivered. The thought of just going into a place, creating change and not seeing the outcome…the benefits for the client, it just doesn’t feel right. I’ve always said to myself: if I consult, I am going to structure things differently!

So it’s 2017, and here I am…a consultant.

But not just any consultant, a specialist in a very niche area of safety legislation >>> Enforceable Undertakings.

And of course, that is not where I am stopping. I am also embarking on becoming a thought leader. By using my skill set (for good, not evil) across several platforms; Speaking, Coaching, Training and Writing.

Going ROGUE in 2017!

This is my fuzzy beacon and what is means to me is important. Probably what it means to you is ridiculous, so let’s move on…

This blog is the beginning of my writing. It will form part of my Safe Expectations Bildungsroman (that’s a newsletter with a WTF title!) and will share my insights, stories and news.

And as always, if you want to get to know me better… well I drink coffee and I’m always up for a chat!

Stay tuned…this should get better.