Out of Court complete OSH Pilot

Posted on 13/12/2010 by John

A pilot restorative justice process run by Out of Court has been successfully concluded. Out of Court were called in to run a restorative process between a company and a long standing employee who suffered a serious injury while operating plant machinery. Traditionally, the Occupational Safety and Health (death and injury) cases we have dealt with have taken place after the employer had been prosecuted through the courts.  In those cases the outcomes of the restorative process contribute to the sentencing decisions made by the Court.

In a departure from the normal process, the OSH investigating officer offered the parties an opportunity to deal with the matter restoratively as an alternative to a court prosecution.

The Out of Court team facilitated a meeting attended by the company, the employee and the OSH investigator. The parties agreed on suitable measures that helped to address the harm caused and ensured the Department of Labour’s responsibilities under the Health and Safety in Employment Act 1992 were appropriately addressed. The injured employee, the OSH investigator and the company responsible for the plant, all reported very positively on the experience.  The other positive outcome was that the resources utilised in addressing this matter were squarely focussed on righting the wrong and improving the safety of the workplace. Support for the injured worker, and a proactive response to the safety issue, was achieved without the distraction and the costs (time and money) of a formal court process.

Further discussions are taking place within the local OSH inspectorate with a view to direct other referrals where appropriate circumstances exist.

We were delighted to take part in the pilot process and congratulate the Department on their progressive approach.