Negligent Hiring Practices: Preventing Risk to Organisations.

by Colleen B Kelly

**DISCLAIMER:** I am not a lawyer. While my background as the Wpokeswoman for the WorkCover Authority of NSW provides me with experience in human resources and workplace safety, and my many years as a Manager at Australia’s leading recruitment agency at the time has given me in-depth knowledge, this does not, in any way, constitute legal advice. For specific legal guidance, always consult a qualified legal professional specialising in employment law. In addition, the information presented may not reflect the most current legal developments in your country and should be considered for informational purposes only.

Abstract:

In the contemporary employment landscape, negligent hiring practices pose substantial risks to organisations, including potential legal liabilities and reputational damage. This paper explores crucial strategies and insights to prevent these risks, leveraging contemporary case studies, legal frameworks, and best practices in recruitment and background verification. Key areas of focus include the necessity of thorough background checks, credential verification, and adherence to the constantly changing privacy laws to ensure due diligence. With the rise of algorithmic hiring, this study also emphasises the importance of regular reviews of automated processes to address biases and privacy concerns. By aligning hiring practices with organisational values and legal standards, employers can safeguard their interests, foster a safe work environment, and remain competitive in the global market. Implementing training programmes for hiring managers and seeking expert consultation can further enhance compliance and recruitment strategies. This comprehensive approach not only mitigates legal and reputational threats but also supports the cultivation of an inclusive and efficient workforce. About Colleen Kelly

Executive Summary:

In 2025’s geopolitical instability and ever changing employment landscape, rigorous hiring practices are essential to mitigate negligent hiring risks. Employers face significant legal liabilities and serious reputational damage without thorough due diligence, including background checks, credential verification, and compliance with privacy laws. Training programs for hiring managers are crucial for maintaining compliance throughout the employee lifecycle.

As AI, algorithms, and soon quantum computing is developed, automated hiring will not lift the legal burden on organizations. In other words you can’t “blame it on the computer”. Managers must regularly review any AI hiring tools to address biases and privacy concerns, and of course, errors. AI has not (yet?) replaced expert consultation regarding compliance, however AI is having remarkable success in refining recruitment strategies, vital for attracting talent in a competitive market.

Given the complexities of negligent hiring and the challenges posed by algorithmic screening, expert guidance is crucial. Neglecting these issues can result in costly legal liabilities and the loss of top talent. By investing in expert advice, you can secure a competitive advantage in the dynamic employment landscape.

1. Legal ConsequencES

Conducting comprehensive background checks is crucial for identifying potential risks posed by candidates during the hiring process. These checks provide valuable insights into a candidate’s history, including their criminal record, employment history, and qualifications, helping employers make informed decisions. The absence of such thorough checks can lead to negligent hiring, which not only puts the organization at risk but can also result in significant legal and safety consequences. Negligent hiring can expose employers to lawsuits, damage their reputation, and create unsafe work environments, ultimately affecting employee morale and productivity. Therefore, investing in a robust background check process is essential for protecting both the organization and its employees.

1.1. LEGAL CONSEQUENCES: DEVELOPED COUNTRIES:

• In the United States, cases like “Ponticas v. KMS Investments” and “Malorney v. B&L Motor Freight” demonstrate how employers were held liable for harm due to inadequate employee vetting.

• In Australia, the “Reynold v. Nowra Coaches Pty Ltd” case highlighted the importance of background checks. The court concluded that the employer was responsible for not investigating an employee’s past adequately, emphasising the legal need for thorough checks to mitigate risks.

• In the United Kingdom, the “Maguire v. Harland & Wolff PLC” case underscored the significance of robust background investigations when an unvetted employee caused harm, leading to employer liability.

• In Canada, the importance of thorough background checks was highlighted by the case of “Jacobi v. Griffiths.” This case involved an employee’s misconduct that led to significant financial and reputational damages for the company involved. The decision underscored the critical need for employers to conduct diligent background screening procedures to prevent negligent hiring practices that can cost companies millions and harm their reputation.

• Similarly, in Germany, workplace safety laws of the European Agency for Safety and Health at Work mandate rigorous vetting to identify risks and uphold safety standards.

1.2. LEGAL CONSEQUENCES:Developing Countries

Many developing countries are also recognising the importance of thorough background checks in mitigating risks associated with negligent hiring.

• India: In India, the enactment of background verification guidelines is essential to address risks linked to negligent hiring. The Ministry of Labour and Employment]in India emphasizes the importance of due diligence in hiring, aiming to enhance workplace safety and reduce risks associated with hiring individuals with questionable backgrounds. These guidelines are part of broader efforts to improve the hiring ecosystem, although the detailed standards are more extensively covered in official government publications.  These efforts are complemented by industry reports which indicate a rise in discrepancies found during background checks, emphasizing the economic risks posed by inadequate screening. However, specific data from industry leaders like First Advantage provide insightful trends which are available on non-governmental platforms. The trend towards thorough background verification is mounting in India, driven by guidelines from both industry alliances like NASSCOM and governmental bodies, and further underscored by data from industry leaders in background screening services.

• Brazil: The Labour Law (Ministry of Labour and Employment) in Brazil emphasises the importance of trust between employer and employee, with background checks increasingly being practised to prevent negligent hiring risks.

• South Africa: In South Africa, background verification processes are crucial for ensuring that hiring practices are reliable and secure. Entities such as the South African Qualifications Authority (SAQA)play a critical role in this system by verifying the qualifications of potential employees. SAQA ensures that the academic and professional credentials presented by job applicants are legitimate and recognized.  This verification process is part of a broader initiative to enhance trust and integrity in the hiring process, protecting employers from the risks associated with fraudulent credentials and enhancing overall workplace competency and safety. 

• Mexico: verification of employee background is becoming essential due to growing concerns about workplace safety and liability, aligning with legal expectations (Bibliotheca Jurídica Virtual).

• In Nigeria, as the economy develops, institutions such as the Nigerian Security Printing and Minting PLC are advocating for stringent employment screening (The Nation Online).

2. Negligence in Background Checks:

• Australia: Under Australian law, employers are obligated to conduct thorough due diligence to prevent negligent hiring claims. The legal framework in Australia places an emphasis on the employer’s responsibility to verify the backgrounds of prospective employees to avoid workplace risks and liabilities.

• Europe: In Europe, the EU General Data Protection Regulation (GDPR) imposes strict requirements on handling personal data during recruitment, including reference checks. The GDPR emphasises privacy and fairness, making it crucial for employers to comply with these regulations during the hiring process. Failure to adhere to GDPR requirements can result in significant financial penalties and damage to the company’s reputation.
  
• USA: Employers should diligently contact references to uncover past behaviors that could indicate risk. In the case of Kimbro v. Atlantic Richfield Company , the court found the employer liable for failure to conduct proper reference checks, resulting in liability for subsequent actions by the employee. This case highlights the legal responsibility of employers in the United States to perform due diligence during the hiring process.

3. Overlooking Risks OF violence:

• USA: Employers who ignore prior risky behaviours documented in an employee’s history risk serious liability. In Di Cosala v. Kay a decision by the New Jersey Supreme Court ruled that employers could be held liable for negligent hiring if they fail to perform adequate background checks and subsequently hire an employee with a known history of dangerous behavior. If an employee commits acts of violence while on the job that could have been foreseen given their past, the employer may be found liable for damages.

• Australia: In Australia, employers need to exercise due diligence in hiring practices to avoid negligence claims. The case of State of New South Wales v. Napier illustrates the principle of vicarious liability, where an employer can be held liable for an employee’s actions if they were acting within the scope of their employment, especially if a known risk was overlooked. Moreover, guidance from Safe Work Australia helps employers identify and manage workplace risks by fostering a culture of safety and thorough employee vetting.

• Europe: European employers face similar liabilities if they neglect to address known risks associated with potential employees. The EU Directive 89/391/EEC, also known as the OSH “Framework Directive,” provides measures to encourage improvements in the safety and health of workers, emphasising the importance of risk assessments and management. Additionally, the European Court of Justice (ECJ) case law often informs employer responsibilities regarding workplace safety and the need to mitigate known risks.

4. Ignoring TIME GAPS & Inconsistencies:

Unaddressed time gaps gaps or inconsistencies could conceal past misconduct. An illustrative decision is seen in “Doe v. Department of Justice,” where ignoring such inconsistencies resulted in detrimental conduct by the employee. Doe v. Department of Justice

• Australia: It is essential that employers conduct comprehensive reference checks to detect discrepancies in employment histories that may suggest a potentially risky hire. The National Employment Standards (NES), outlined in the Fair Work Act 2009, stress the importance of due diligence in hiring practices, which can encompass checking employment histories.

• Europe: Employers must ensure they comply with General Data Protection Regulation (GDPR) when handling personal information during reference checks. Article 6 of the GDPR discusses lawful processing, including the handling of personal data for employment purposes.

• USA: The case “Kimbro v. Atlantic Richfield Company” highlights the failure to diligently address reference checks, leading to employer liability for an employee’s subsequent actions.

5. FAILURE TO CHECK Skills & Credentials:

It is crucial for employers across different regions to conduct proper verification of skills and credentials to mitigate liability risks associated with unqualified hires. In Australia, under the Fair Work Act 2009, Australian National Employment Standards, due diligence in employment practices is vital to avoid such liabilities. In the United States, the case of Sumner v. Mercy General Hospital illustrates the dangers of inadequate credential verification when an under qualified employee’s actions resulted in a preventable patient incident. Similarly, in Europe, employers must adhere to the General Data Protection Regulation (GDPR) rules when conducting background checks, ensuring thorough credential and skill verification to avoid potential harm caused by unqualified staff.

6. Failure to Provide Adequate Training:

Insufficient training increases workplace risk. The legal outcome in “” underlined employer liability when poor training led to a preventable patient incident. Legal frameworks across Australia, Europe, the USA, and Canada underscore the importance of adequate employee training as part of negligent hiring practices.

• In Australia, the Work Health and Safety Act 2011 emphasises the duty of care employers owe to their employees, obligating them to provide necessary training and supervision to minimise risks (See: Safe Work Australia).

• In the European Union, the Employers’ Directive 89/391/EEC requires employers to ensure safety training to their employees, which is a critical component in mitigating organisational risks (Eur-Lex Directive 89/391/EEC).

• In the United States of America, court cases like “Jones v. Windy Pines Nursing Facility” illustrate the ramifications of insufficient training leading to liability, where employers failing to adhere to appropriate training protocols can face legal repercussions.

• Meanwhile, in Canada, the Occupational Health and Safety Act specifies the necessity of training programs to prevent workplace incidents, exposing negligent employers to potential legal claims if training is inadequate (Ontario Ministry of Labour, Occupational Health and Safety Act). Collectively, these legal guidelines emphasise the critical role of training in preventing negligent hiring claims and ensuring organisational safety.

7. GLOBAL HIRING Laws: TRANSNATIONAL, ARTIFICIAL INTELLIGENCE (AI) & Remote Work Era

The system around the world of bringing agricultural and seasonal workers from developing countries has always been a shameful point in history. Even in my own area, in Queensland, Australia, we have a dreadful past of slavery. However, you would think that blackbirding ended years ago, however The Global Slavery Index (GSI) estimates that approximately 41,000 individuals are currently subjected to modern slavery within Australia. In terms of prevalence, Australia is ranked 149th out of 160 nations worldwide and 26th out of 27 within the Asia-Pacific region. These estimates include conditions such as forced labor, and debt bondage.

• Compliance (Global Strategies): Transnational labor law is governed by three primary international bodies: the International Labour Organisation (ILO), the World Trade Organisation (WTO), and the Organisation for Economic Co-operation and Development (OECD). These organisations provide a framework for addressing global workforce mobility. The United States the H-2A Program and Australia’s Pacific Island Labour Mobility (PALM) Scheme facilitate temporary employment for foreign nationals in the agricultural sector, helping to alleviate labor shortages. Europe’s Blue Card Directive offers pathways for migrant workers through its seasonal worker schemes and bilateral agreements which primarily target high-skilled labor. Asian nations have developed similar initiatives, such as South Korea’s Employment Permit System, which permits foreign employment across various industries, and Japan’s Technical Intern Training Program, designed for skill transfer to developing nations. In the Middle East, the UAE’s Temporary Work Permit System accommodates diverse industry needs, while Saudi Arabia’s Nitaqat Program seeks to balance employment between foreign and local workers. Together, these programs exemplify global efforts to effectively manage labor shortages across different sectors.
  
• Compliance – USA: While 18-time Emmy-winning John Oliver’s piece exposing corruption of the USA’s H2-A system is hilarious, it is also, quite frankly, revolting. Farms are crucial for food production. Oliver explains that, contrary to the “white male farmer cowboy hat wearing” stereotype, the vast majority of U.S. farmworkers are foreign-born. They are often undocumented, performing essential, dangerous and demanding jobs. Efforts to replace them with American workers have failed, and stricter immigration policies have reduced available labour, and not enough workers has continued to causing crops to rot in the field, and farmers to simply give away their produce to whoever will pick it.  to harvest their crops and leaving fruits and vegetables to rot in fields all over the USA. Rooted in historical injustices, farmworkers lack New Deal protections, often with children working long, dangerous hours due to loopholes. Farm labor involves high injury risks, and workers fear reporting mistreatment due to deportation threats and lack of protection. The H-2A visa program ties workers’ legal status to employers, often resulting in exploitation, underscoring the need for reform. While initiatives like the Coalition of Immokalee Workers’ Fair Food Program have made some progress, broader reforms are necessary to ensure fair labor protections and pathways to citisenship. Despite their importance to the food supply, farmworkers remain extremely undervalued working quite often in illegal circumstances. See: Civil Rights Act of 1964.
  
• Compliance – Australia: In Australia, non-compliance with employment laws can lead to substantial fines, lawsuits, and even bankruptcy for organisations that disregard legal standards. Beyond the potential loss of income, companies face significant financial penalties and legal challenges when they violate these laws. Adhering to legal standards is essential for maintaining a business’s financial stability and reputation. For detailed information on Australia’s employment laws and the consequences of non-compliance, resources such as the Fair Work Ombudsman offer insights into penalties and enforcement actions. The Fair Work Act 2009 serves as a key reference, promoting fair treatment and equal opportunity in the workplace. Several Australian companies have faced notable penalties due to non-compliance: the 7-Eleven convenience store chain faced a major scandal when it was revealed that numerous franchisees underpaid staff. 7-Eleven agreed to a massive compensation package, costing millions in back payments and severely damaging its reputation. In 2019, Woolworths reported self-identified underpayments to staff amounting to millions of dollars over several years. The company undertook a significant remediation process to compensate affected employees, highlighting the complexities of adhering to industrial awards.
  
• Compliance – Europe companies facing substantial fines for non-compliance with employment laws underscore the critical need for adherence to legal standards.In 2016, Deutsche Bank was fined €41 million by the German labor court for hiring temporary staff illegally over several years. This incident highlights the severe penalties institutions can face for breaching employment regulations See: German Labour Court. In France, major retailer Carrefour was fined €500,000 in 2020 for widespread violations of the labor code, including failing to comply with regulations on working hours and overtime pay See: Le Monde. In the UK, a subsidiary of the clothing retailer Missguided was fined £53,000 in 2019, alongside an order to pay more than £150,000 in costs, over legal violations concerning employment status misrepresentation and worker rights infringements See: UK Government Tribunal Decisions. These examples highlight the importance of compliance with employment laws across Europe, emphasising the need for companies to maintain rigorous monitoring and compliance practices to mitigate legal repercussions and protect their reputations.

8. Negligence in InterviewS:

Legal systems across Australia, Europe, the USA, and Canada have established regulations that highlight the necessity of fair and non-discriminatory interview processes, underscoring the comprehensive scope of negligent hiring practices.

• Australia: In Australia, the Fair Work Act and the Racial Discrimination Act are clear in their emphasis that interview practices must be non-discriminatory and merit-based, safeguarding against bias.
• Europe: In the EU, the European Employment Equality Directive (2000/78/EC) mandates equal treatment in employment and occupation, with specific emphasis on the hiring/interview process.
• USA: In the USA, seminal cases like “Griggs v. Duke Power Co” have set precedents indicating that discriminatory interview practices could lead to liability under the US Equal Employment Opportunity Commission’s Title VII of the Civil Rights Act of 1964, which requires nondiscriminatory hiring and interview practices.
• Canada: Canadian labor laws, under the Canadian Human Rights Act, prohibit employment discrimination and require employers to conduct fair and unbiased interviews. These legal stipulations collectively illustrate the emphasis placed on equitable interview conditions as a fundamental aspect of minimising negligent hiring risks.

9. Inadequate Safety TESTING & Screening for Dangerous Jobs:

Employers’ legal responsibilities to conduct thorough safety screenings for high-risk positions are clearly mandated across many jurisdictions, including Australia, Europe, the USA, and Canada. These laws are designed to ensure that only suitably qualified individuals undertake roles with elevated safety risks, thereby protecting both employees and the public.

• Australia: In Australia, the Work Health and Safety Act 2011 requires employers to ensure the health and safety of workers by implementing appropriate risk management procedures and safety assessments (Australian Government – Comcare).
• Europe: European legislation, through the Framework Directive 89/391/EEC, obliges employers to evaluate risks and implement safety measures to protect workers in hazardous jobs (European Agency for Safety and Health at Work).
• USA: In the USA, cases like “Stahl v. Wal-Mart Stores, Inc.” highlight the legal ramifications for employers failing to execute adequate safety screenings, paralleling obligations under the Occupational Safety and Health Act (OSHA), which enforces workplace safety standards (Occupational Safety and Health Administration).
• Canada: Canadian workplace safety is legislated under the Canada Labour Code, which requires thorough risk assessments and safety provisions for employe

10. Breach of Privacy During the Hiring Process:

Conflicts of interest in the hiring process can significantly impact a company’s finances, reputation, and legal standing. Biased hiring may lead to selecting less qualified candidates, resulting in lower productivity, higher costs, and increased turnover. Reputational risks occur when stakeholders perceive employment decisions as unfair, eroding trust and hindering talent and customer attraction. Legally, strict regulations against conflicts of interest and privacy breaches make non-compliance costly due to potential legal battles, fines, and penalties. Privacy breaches, such as mishandling candidate information, can also lead to lawsuits and public scrutiny. Safety risks may arise if qualifications and expertise are not prioritized, potentially endangering employees and clients. Neglecting to address conflicts of interest in hiring poses significant financial and legal risks, threatening the company’s overall stability and integrity.

• Australia: In Australia, the Privacy Act 1988 sets standards for handling personal information and outlines the consequences of violations (Privacy Act 1988 – Federal Register of Legislation).
• Europe: European Union’s General Data Protection Regulation (GDPR) provides comprehensive guidelines and penalties related to data protection and privacy during hiring processes (GDPR – EUR-Lex).
• USA: In the USA, the Fair Credit Reporting Act (FCRA) regulates the collection and use of consumer information, impacting privacy policies within recruitment (Federal Trade Commission – FCRA). Mishandling private information can lead to privacy invasion lawsuits. The “Smith v. Bob’s Corporations” ruling illustrated consequences for unauthorised information sharing.
• Canada: Similarly, the Personal Information Protection and Electronic Documents Act (PIPEDA) governs the private sector’s data protection practices in Canada (Government of Canada – PIPEDA). These laws collectively underscore the significance of maintaining privacy throughout hiring procedures to protect both organisations and potential employees.

11. Conflicts of Interest HIRING & ONBOARDING:

Recognizing and mitigating conflicts of interest in the hiring process is vital for maintaining a fair and productive workplace. When unaddressed, such conflicts can erode trust and negatively impact team dynamics, leading to hiring decisions influenced by personal biases instead of merit, ultimately hindering performance and morale. Additionally, failure to address these conflicts can have serious legal consequences. Nations worldwide have established regulations to ensure transparency and fairness, underscoring the importance of this issue. Many real-world cases show how organizations that ignored potential conflicts faced legal challenges and reputational damage, accompanied by economic penalties. Therefore, it is critical for organisations to implement clear policies to identify and mitigate conflicts of interest during hiring, fostering a culture of fairness and compliance while protecting against liabilities.

Developed Countries

• Australia: Employers must adhere to strict conflict of interest guidelines as outlined by Australia’s Fair Work Act.
• Germany: Germany’s Labour Law includes comprehensive provisions to manage workplace conflicts, as discussed by the Federal Ministry of Labour and Social Affairs.
• United Kingdom: The UK’s ACAS provides guidance on resolving workplace conflicts as detailed on their official website.

Developing Countries

• India: The Industrial Disputes Act plays a pivotal role in managing workplace conflicts, details of which can be found on the Ministry of Labour & Employment website.
• South Africa: The Labour Relations Act provides mechanisms for conflict resolution, as explained by the South African Government.
• Brazil: Brazil’s Consolidation of Labour Laws covers conflict mitigation extensively, documented in detail at the Ministry of Economy’s website.

An illustrative case, Turnbull v. National Football League Players Incorporated, highlighted the liability incurred when unaddressed conflicts led to compromised workplace decisions.

12. COMPLIANCE WITH Equal Opportunity in Hiring:

By adhering to equal opportunity regulations and guidelines, organisations can minimise legal risks and promote a workplace culture of respect and cooperation. This commitment not only enhances the organisational environment but also drives innovation and effectiveness within the workforce. Additionally, fostering diversity is shown to improve decision-making and creativity, offering competitive advantages in the marketplace.

Ensuring equal opportunity in hiring is essential for organisations to prevent significant financial, reputational, and legal issues. Failing to comply with fair hiring practices can lead to costly discrimination lawsuits, harming the company not only financially but also in terms of reputation. Such negative publicity can weaken consumer trust and damage the brand. A discriminatory environment can also impact workplace safety and morale, causing higher staff turnover and reduced productivity.

Developed Countries

In developed nations, strict laws and guidelines enforce fair hiring to promote diversity and inclusivity.

• United States: The Equal Employment Opportunity Commission (EEOC) provides detailed Guidelines on Employee Selection Procedures to ensure non-discriminatory hiring processes.

• United Kingdom: The Equality Act 2010 regulates equal hiring practices, prohibiting discrimination based on various protected characteristics.

• Canada: The Employment Equity Act focuses on achieving workplace equality and preventing discrimination, especially for historically marginalized groups.

• Germany: Though not specifically mentioned in your text, Germany’s General Act on Equal Treatment combats discrimination in the workplace to ensure fair hiring.

• Australia: The Fair Work Act helps maintain a fair workplace environment with rules that ensure equal opportunity in hiring.

Developing Countries

In developing nations, the push toward equal hiring is gaining momentum through new legislative measures.

• India: Efforts are ongoing to promote workplace equality through various legal measures, highlighting a trend towards fair employment practices as monitored by the International Labour Organization.

• Rwanda: The Law Establishing the Statutes of the Rwandan Bar includes provisions for non-discrimination in employment.

• Fiji: The Fiji Human Rights and Anti-Discrimination Commission works on addressing discrimination and inequality within hiring practices.

• South Africa: The Employment Equity Act represents significant efforts to ensure equal opportunity in the workplace.

• Kenya: The Employment Act aims to establish fair employment conditions and protect workers against discrimination.

13. Improper Handling of Social Media Checks:

Legal interpretations of privacy, such as in the case Ehling v. Monmouth-Ocean Hospital Service Corp, emphasise the need for careful and ethical handling of social media analyses during the hiring process. This case highlights the growing importance of privacy considerations in the digital age and prompts employers to navigate the complexities of social media checks with caution to uphold candidates’ privacy rights.

Global Legal Framework:

In developed western countries, stringent laws govern negligent hiring practices and ensure the protection of individuals’ rights. For example, Germany’s General Equal Treatment Act establishes robust protections against discrimination during recruitment. Similarly, the Netherlands’ Equal Treatment Act mandates equal and fair treatment in employment scenarios.

Interestingly, some remote or underdeveloped countries also uphold strong anti-discrimination legal frameworks. Rwanda enforces the Law Establishing the Statutes of the Rwandan Bar, which includes provisions to protect against employment discrimination. Moreover, Fiji’s Fiji Human Rights and Anti-Discrimination Commission guidelines are enforced rigorously to ensure equitable treatment in employment.

Risks and Consequences for Companies:

Failure to comply with robust legal frameworks can have serious consequences for companies, including legal action, financial penalties, and reputation damage. Discriminatory hiring practices can lead to negative publicity, eroding public trust and deterring potential employees, customers, and investors. Additionally, non-compliance may harm employee morale and workplace culture, reducing productivity and increasing turnover. Adhering to privacy and non-discrimination laws helps companies avoid these issues, improve brand reputation, and foster a diverse and inclusive workplace. Therefore, organizations must proactively align hiring practices with legal standards to mitigate risks and maintain a positive corporate image.

14. Ignoring Results of Drug or Health Screenings:

The Exxon Valdez Oil Spill (1989) is a significant case that, although not entirely focused on continuous drug screenings, highlighted issues with substance abuse as the ship’s captain was found to have been drinking prior to the disaster, spurring changes in high-risk industry drug screening practices. The case of CSX Transportation, Inc. v. McBride (2011) did not directly involve continuous drug screening but addressed liability involving railroad companies and their responsibility regarding employee impairment, emphasizing safety measures like drug testing. In the situation with MBI Energy Services (2014-2015), multiple incidents revealed lapses in safety protocols, including shortcomings in drug and alcohol testing leading to safety violations, suggesting broader failures in maintaining safety via drug policies. The case of TransAm Trucking, Inc. v. Alphonse Maddin (2016), primarily dealing with wrongful termination, highlights issues of workplace safety and adherence to federal impairment rules, often supported by drug screening practices. Finally, the BP Refinery Texas City Explosion (2005) demonstrated how drug and alcohol use among contractors were part of broader safety lapses post-incident, focusing on the necessity for effective contractual and vendor policies regarding screening.

• USA: The Drug-Free Workplace Act requires certain federal contractors and grantees to maintain a drug-free workplace as a precondition of receiving a contract or grant from a federal agency. This often involves instituting drug testing policies to comply with the act. The Americans with Disabilities Act (ADA) although not specifically a drug screening law, the ADA affects how drug tests are administered, particularly concerning individuals who have a history of drug addiction but are now rehabilitated and protected under the ADA. The Health Insurance Portability and Accountability Act (HIPAA), again does not directly mandate drug screens, however HIPAA governs the privacy and confidentiality of medical information, including drug test results, ensuring that employees’ private health information is protected.
  
• Australia: The Fair Work Act of 2009 affects how drug testing policies are implemented in workplaces, emphasising the need for fairness and reasonableness in employment terms, including testing practices. A positive drug test can be reason for dismissal, particularly in safety-critical industries such as the Transport Commission’s
• United Kingdom: The Data Protection Act, in the context of employment drug screenings, requires employees’ personal data (such as results of drug tests) be handled fairly and lawfully, respecting privacy and only collected for legitimate purposes.

15. Timing of drug screening – a legal concern

Drug tests should only be considered AFTER a job offer has been accepted – in writing. By following the best practice of making a job offer contingent upon successful test completion, employers protect themselves legally while also being considerate of candidates’ privacy and managing resources more effectively. Conducting a drug or alcohol screen before extending a conditional job offer can pose both legal and operational risks for employers. Here’s why:

Legal Risks:

• Discrimination Laws: Conducting drug or alcohol tests before making a job offer might lead to claims of discrimination. Pre-employment tests must be applied consistently and fairly. Testing, before an offer, could be perceived as a means of unfairly excluding or discriminating against certain candidates, especially if they belong to protected classes under anti-discrimination laws.
• Privacy Concerns: Candidates might view premature testing as an invasion of privacy. Different countries and jurisdictions have varying laws around privacy and consent in employment processes, and violating these could result in legal challenges.

Compliance with Employment Laws:

• ADA Compliance: In addition to the comments above regarding The Americans with Disabilities Act (ADA) this, and similar laws in other countries and jurisdictions limit when employers can inquire about disabilities. Testing for drugs or alcohol before a job offer could inadvertently violate these regulations if it leads to discovering a candidate’s medical condition.
• Consistency with FCRA: If the drug test is considered part of a background check, it must comply with the Fair Credit Reporting Act (FCRA) in the U.S., which governs how background checks are handled.

Operational Risks:

• Candidate Deterrence: Early testing might deter qualified candidates from continuing with the application process if they perceive it as intrusive or premature.
• Resource Management: Conducting drug or alcohol tests before issuing offers could lead to increased operational costs. Tests for numerous candidates who may not even receive or accept a job offer could result in unnecessary expenditures.

16. Misleading Job Advertisements:

In many countries, erroneous and misleading job postings can lead to legal claims and reputational damage for employers. By recognising and addressing legal expectations in their job postings, employers ican avoid potential pitfalls associated with misleading advertisements. Here are examples from various regions:

Developed Countries:

1. United States: In the U.S., misleading job advertisements can result in legal challenges, as demonstrated in the case of “Foley v. Interactive Data Corp.”, where misleading advertisements led to repercussions for the employer.
2. United Kingdom: In the UK, employers must comply with the Equality Act 2010, ensuring job ads are non-discriminatory and truthful. A relevant case involves The Legal Services Board v. White, showcasing the importance of clear job descriptions to avoid misleading candidates.
3. Australia: Australia’s Fair Work Ombudsman stresses the importance of accurate job advertisements. Misleading job ads can breach the Fair Work Act 2009, which requires transparency and honesty in job listings.

Developing Countries:

1. India: In India, the Consumer Protection Act can be invoked in cases of misleading job advertisements. Companies could face actions from the Advertising Standards Council of India (ASCI), which monitors advertising practices to protect consumer interests.
2. Nigeria: In Nigeria, misleading job adverts can be challenged under the Nigerian Labour Act. The Economic and Financial Crimes Commission (EFCC) addresses fraud, including deceptive recruitment practices that could constitute criminal offenses.

17. Failure to Provide or Enforce Policies & Procedures DURING HIRING & ONBOARDING:

Failure to provide clear workplace policies and procedures during hiring and onboarding can lead to significant financial costs and legal risks for a company. Without concrete policies, there’s an increased likelihood of misunderstandings or non-compliance with labour laws, which can result in costly lawsuits. Inconsistent policy communication can lead to claims of discrimination or unfair labor practices, potentially triggering financial settlements and compliance penalties. Additionally, unclear, missing or outdated policies might encourage disputes among employees, which can consume valuable resources and damage the company’s reputation. These factors collectively can drain financial resources and expose the organisation to substantial legal liabilities.

Developed Countries:

• United States: In the U.S., the case of Hoffman-La Roche Inc. v. Campbell illustrates the legal challenges stemming from inadequate communication of workplace policies during hiring.
• Canada: In Canada, the case of R. v. Imperial Oil Ltd. emphasizes the need for detailed policy communication. Failure to do so can lead to legal disputes surrounding workplace rights and responsibilities.
• Germany: In Germany, adherence to proper onboarding practices is crucial as seen in the [Federal Labour Court guidelines](https://www.bundesarbeitsgericht.de/rechtsprechung/) which stress the need for thorough policy communication during the hiring process.

Developing Countries:

• India: In India, failure in policy communication during onboarding can lead to cases filed with the Labour Courts, as explained in The Workmen of Firestone Tyre & Rubber Co. v. Management, highlighting the importance of policy enforcement.
• Nigeria: In Nigeria, the National Industrial Court addresses disputes arising from inadequate workplace policy communication, emphasizing adherence to established procedures.
• Kenya: In Kenya, the Employment and Labour Relations Court cases underscore the importance of proper policy enforcement during hiring and onboarding to avoid disputes related to employment terms.

By ensuring clear communication and enforcement of workplace policies during hiring and onboarding, countries across the globe can mitigate potential legal issues and enhance organizational transparency and trust.

18. Retaliatory Actions Against Candidates:

The retaliation against candidates who assert their legal rights, such as by complaining about discrimination or unfair treatment, is generally prohibited in most countries. Candidates must remain free from negative consequences. Employers face significant risks, including lawsuits and fines, for retaliating against employees exercising their rights. The Burlington Northern & Santa Fe Railway Co. v. White case highlights employers’ legal liabilities in these situations, reinforcing that retaliatory actions are illegal and holding them accountable. This underscores the importance of ensuring employees can assert their rights without fear, and employers must avoid actions that could punish employees for exercising those rights, or they could face serious legal issues.

Developed Countries

• United Kingdom: The Public Interest Disclosure Act 1998 offers protection against retaliation for whistleblowers.
• Canada: The Canada Labour Code prohibits employer retaliation against employees exercising their rights.
• Australia: The Fair Work Act 2009 includes protections against adverse actions by employers.
• Germany: The Employment Protection Act guards against discrimination and retaliatory actions.

DEVELOPING Countries

• Kenya: The Employment Act 2007 includes provisions to protect employees against retaliatory dismissal.
• Bangladesh: The Labour Act 2006 offers certain protections against unfair dismissal and discrimination.
• India: The Maternity Benefit Act 1961 provides protections for women against retaliation related to maternity leave.
• Nigeria: The Labour Act outlines employee protections which include prevention of unfair treatment by employers.

19. Failure to Follow Documentation Protocols DURING HIRING AND ONBOARDING:

Proper documentation is a crucial aspect of the hiring process, serving as a cornerstone in supporting an employer’s defence during disputes. Thorough and accurate records can demonstrate compliance with legal regulations and internal policies, thereby protecting the organisation against claims of negligence or discrimination. Maintaining detailed records of all application and hiring processes ensures that employers are well-prepared to address any disputes or allegations that may arise, emphasising the importance of adhering to robust documentation protocols.

Developed Countries

• United States:  In the United States, as exemplified by the case of Vadner v. Salomon Smith Barney Holdings Inc, failing to maintain adequate documentation can result in significant legal costs and financial penalties, as litigation is common.
• Canada:   In Canada, inadequate documentation practices can lead to expensive legal challenges and harm an organization’s reputation, as highlighted in Canadian Employment Law
• United Kingdom: Following the UK Employment Tribunal Guidelines is crucial in the UK to ensure fair and legal treatment of employment issues. In the UK, lack of proper records may cause unfavourable outcomes in employment tribunals, leading to financial losses for employers. Therefore, adhering to these guidelines and maintaining accurate documentation is essential for avoiding potential pitfalls in employment disputes. 
• Australia:  In Australia, the Fair Work Commission Documentation Requirements emphasise that inadequate documentation can result in penalties and damage an organisation’s prospects in employment-related disputes. 
• Germany: The German Employment Law Overview highlights that in Germany, incomplete documentation could undermine the legal position of businesses and lead to costly repercussions.

Developing Countries

• India: Failure to document the hiring process meticulously can lead to non-compliance issues under Indian Labour Law.  Comprehensive record-keeping helps ensure adherence to regulations such as working conditions and employment terms.
• Nigeria: Inadequate documentation in Nigeria can expose employers to liabilities under Nigerian Employment Law. Detailed records are essential to demonstrate compliance with legal standards including fair hiring practices and employee rights.
• Kenya: Robust documentation is critical in Kenya to align with Kenya’s Employment Act. Proper records not only safeguard the employer’s interest but also protect employee rights.
• Bangladesh: Lack of proper documentation can lead to legal complications under
  Bangladesh Labour Law. Maintaining detailed records helps mitigate risks related to compliance and legal obligations.
• Uganda: Failure to adhere to documentation protocols in Uganda could result in adverse outcomes under Ugandan Employment Law.  Accurate record-keeping is crucial for ensuring fair practices and protecting both employer and employee rights.

20. Failure to Monitor Algorithms in resumes.

As noted by Beth A. Brooks, PhD, RN, the increasing use of algorithms to screen résumés offers time and cost savings for large employers but poses significant risks if not properly managed. The primary concern is the potential to overlook qualified candidates who don’t match specific keyword patterns or data points, a flaw that could result in missing valuable applicants. Additionally, algorithm-driven systems can fail to identify exaggerations or inaccuracies in résumés that human reviewers might catch. Beyond these issues, employers face potential legal complications, including bias and discrimination if algorithms are based on biased data or improperly programmed, lack of transparency if candidates cannot receive explanations for rejections leading to legal challenges, privacy violations if résumé data is mined without consent or secure handling, and negligence in oversight if regular audits of algorithms are neglected, resulting in unfair practices. To avoid these pitfalls and ensure a fair, inclusive, and legally compliant hiring process, employers must diligently monitor and refine their algorithmic screening processes.

Further Reading:

When referencing global legal resources for employment law it is crucial to utilise authoritative and reputable sources. Key databases and resources can assist in this endeavor.

• The International Labour Organization (ILO), a United Nations agency, provides reports, conventions, and databases relevant to global employment law.
• World Legal Information Institute (WorldLII) offers free access to a broad selection of legal resources worldwide, with searchable collections on international employment law.
• The International Labour Relations Network (ILRNet) offers access to journals and resources focused on global labor relations.
• The International Comparative Legal Guides (ICLG) offer comparative guides on employment and labor law across jurisdictions.
• Westlaw (Thomson Reuters) offers extensive legal resources and comprehensive coverage of international law, including employment law.
• LexisNexis provides access to a wide range of global legal resources, featuring detailed analyses and case law on employment.
• HeinOnline is valuable for its legal journals, international treaties, and labor and employment law databases.
• Kluwer Law Online (Wolters Kluwer), known for its international reach, gives access to numerous journals and resources specific to employment law.
• ECOLEX, a partnership among FAO, IUCN, and UNEP, provides environmental law information, including areas where labor law intersects with environmental regulations.
• JustisOne (vLex Justis) gives access to an extensive collection of case law and legal materials, useful for cross-jurisdictional employment law research.

by Colleen B Kelly.

Forewarned is forearmed!

By reviewing and incorporating the principles of the new WHS Code of Practice, we can create more supportive and secure work environments. Let’s work together to make every workplace a safe place for everyone.

For more details, check out the full WHS Code of Practice documentation click here. Stay safe!

Despite existing legal frameworks, modern slavery and human trafficking in western countries is not just hidden – it’s the world fastest growing crime!

Human Resources (HR), People & Culture (P&C), Industrial Relations (IR), Employee Relations (ER) and Learning & Development (LD) thought leaders have a crucial role in eradicating modern slavery and human trafficking within organisations, especially in agriculture and construction.

As the previous Spokeswoman for the WorkCover Authority of NSW, I encourage organisations to raise awareness and taking decisive action to equip individuals and organisations with the necessary tools to combat these violations. Together we can create a future free from exploitation, where freedom and dignity are safeguarded for everyone.

Key Benefits TO YOUR ORGANISATION:

Eradicating modern slavery and human trafficking can provide significant benefits to an organization, including:

1. Enhanced Reputation: Demonstrating a strong commitment to ethical practices enhances the organization’s public image and builds trust with customers, investors, and partners.
2. Risk Mitigation: Proactively addressing human rights issues reduces legal and regulatory risks, including fines and sanctions related to non-compliance with laws against modern slavery.
3. Increased Investor Confidence: Ethical operations attract socially responsible investors and stakeholders who prioritize sustainability and compliance.
4. Improved Employee Morale and Retention: A commitment to dignity and respect in the workplace increases employee satisfaction, loyalty, and retention.
5. Access to New Markets: Ethical practices can open doors to new markets and partnerships with organisations that have strict ethical standards.
6. Consumer Preference: Increasingly, consumers are choosing to support brands that prioritise ethical practices, leading to potentially greater customer loyalty and market share.
7. Operational Efficiency: Identifying and eliminating exploitative practices can lead to more efficient and streamlined supply chains.
8. Culture of Integrity: Promoting ethical behavior throughout the organization fosters a culture of integrity, pride, and ethical decision-making at all levels.
9. Long-term Sustainability: Ethical practices contribute to the long-term sustainability of operations, ensuring the organization remains viable and competitive in the future.
10. Compliance and Legal Standing: Adhering to international standards and regulations enhances the organization’s legal standing and reduces the potential for reputational damage from lawsuits or scandals.

By taking decisive action against modern slavery, organisations not only contribute to a more just society – but also strengthen their own operational strategic resilience, and increase profitability, employee and customer engagement.

kEY RiskS TO YOUR ORGANISATION:

Organisations can face various serious risks related to modern slavery and human trafficking, including:

1. Reputational Damage: Being associated with modern slavery can severely harm an organisation’s brand and public image, leading to loss of customer trust and loyalty.
2. Legal and Regulatory Penalties: Non-compliance with laws and regulations targeting modern slavery can result in significant fines, legal action, and restrictions.
3. Supply Chain Disruption: Discovering modern slavery in the supply chain may necessitate immediate changes, causing potential disruptions and increased costs.
4. Loss of Business Partnerships: Companies with unethical practices may be dropped by ethical business partners and suppliers who prioritise compliance and corporate responsibility.
5. Investor Divestment: Investors may withdraw their support due to ethical concerns, leading to a potential decrease in stock value and market capital.
6. Consumer Boycotts: Products associated with unethical labor practices can lead to consumer boycotts and decreased sales.
7. Litigation and Compensation Claims: Victims or advocacy groups may file lawsuits against the organization, seeking compensation and further punitive measures.
8. Operational Risks: Exploitative practices can hinder productivity and operational efficiency, as they often involve unskilled labor and high turnover rates.
9. Employee Morale Issues: Knowledge of unethical practices can negatively impact existing employees’ morale and engagement, leading to decreased productivity.
10. Negative Media Coverage: Extensive media scrutiny and negative coverage can amplify damage to the organization’s reputation and brand integrity, making recovery difficult and costly.

These risks highlight the importance of ensuring comprehensive due diligence and transparent, ethical practices throughout an organisation and its supply chain.

“TOP TEN” MANAGEMENT ACTION PLAN

1. Developing Strong Policies: Establish and enforce clear anti-slavery and anti-trafficking policies within the organisation. These policies should outline the company’s commitment to human rights and ethical practices, ensuring alignment with Australia’s Modern Slavery Act.
2. Supplier and Partner Due Diligence: Conduct thorough due diligence on suppliers and business partners to ensure they adhere to ethical labor practices. This includes regularly auditing their operations and requiring them to comply with your organisation’s code of conduct regarding modern slavery.
3. Supply Chain Transparency: Promote transparency throughout the supply chain by mapping out all suppliers and gathering data on their labor practices. Encourage open dialogue with suppliers about their own modern slavery initiatives and improvements.
4. Awareness and Training Programs: Implement comprehensive training programs to educate all employees, especially those in roles related to procurement, management, and recruitment, about the signs of modern slavery and trafficking. This includes understanding how to identify potential risks and the steps to report suspected cases.
5. Support and Reporting Mechanisms: Establish secure and confidential communication channels for employees and partners to report instances of suspected modern slavery. Ensure there are clear procedures in place for dealing with these reports, including support for victims.
6. Partnerships with NGOs and Experts: Collaborate with external organizations, such as non-governmental organisations and experts, to gain insights and improve your strategies for identifying and combatting modern slavery.
7. Monitoring and Assessment: Implement systems to regularly monitor and assess effectiveness of anti-slavery measures. This can include setting KPIs related to human rights and utilising external audits to provide objective evaluations.
8. Incorporate Anti-Slavery into Corporate Culture: Foster a corporate culture that prioritises ethical practices and social responsibility. Leadership should consistently communicate the importance of anti-slavery efforts and integrate these values into the company’s overall mission.
9. Legal Compliance and Updates: Ensure the organisation is up to date with national and international laws regarding modern slavery. Regularly review and adjust company policies to maintain compliance with evolving legislation.
10. Public Reporting and Advocacy: Share the organisation’s efforts and achievements in combatting modern slavery in public reports and advocate for broader industry changes. Being transparent about your challenges and successes can influence others and contribute to broader societal change.

MORE IN-DEPTH …
50-POINT MANAGEMENT ACTION PLAN

HR professionals play a crucial role in combating modern slavery and human trafficking within organisations. Here are 50 ways HR practices can contribute to ending these issues:

1. Develop Clear Policies:
   Establish and enforce clear anti-slavery and anti-trafficking policies.
   
2. Code of Conduct:
   Implement a strict code of conduct for employees and suppliers.
   
3. Training Programs:
   Conduct regular training sessions on recognizing and preventing modern slavery.
   
4. Supply Chain Audits:
   Collaborate with supply chain teams to conduct regular audits for slavery conditions.
   
5. Due Diligence Processes:
   Include human trafficking risks in due diligence processes for new contracts.
   
6. Grievance Mechanisms:
   Establish safe and anonymous reporting channels for employees to report unethical practices.
   
7. Partnerships with NGOs:
   Collaborate with non-governmental organizations (NGOs) for guidance and support.
   
8. Vendor Screening:
   Require comprehensive screening of suppliers and contractors before engagement.
   
9. Employee Education:
   Educate employees about the signs of modern slavery and human trafficking.
   
10. Policy Communication:
    Clearly communicate anti-slavery policies to all staff and stakeholders.
    
11. Whistleblower Protection:
    Protect whistleblowers who report modern slavery concerns.
    
12. Fair Recruitment Practices:
    Ensure fair recruitment practices without charging job-seekers fees.
    
13. Living Wage Advocacy:
    Advocate for and ensure payment of a living wage to all employees and subcontractors.
    
14. Diversity and Inclusion:
    Promote diversity and inclusion to reduce vulnerabilities to trafficking.
    
15. Supplier Agreements:
    Include anti-slavery clauses in all supplier agreements.
    
16. Human Rights Impact Assessments:
    Conduct regular assessments to identify and mitigate human rights risks.
    
17. Collaboration with Law Enforcement:
    Work closely with law enforcement agencies to address suspected human trafficking.
    
18. Employee Support Programs:
    Create support programs for employees or victims identified within operations.
    
19. Community Engagement:
    Engage with communities to raise awareness and education about human trafficking.
    
20. Employee Assistance Programs:
    Implement EAPs that include resources for addressing human trafficking concerns.
    
21. Annual Reporting:
    Include modern slavery assessments and actions in annual sustainability reports.
    
22. Consult External Experts:
    Seek guidance from experts in human rights and anti-trafficking efforts.
    
23. Enhanced Onboarding:
    Incorporate modern slavery education into the onboarding process.
    
24. Internal Audits:
    Schedule regular internal audits focused on labor practices.
    
25. Risk Assessment Tools:
    Utilise tools to frequently assess and measure trafficking risks in operations.
    
26. Stakeholder Dialogues:
    Engage stakeholders in discussions to inform anti-trafficking initiatives.
    
27. Victim Support Programs:
    Partner with organisations that support human trafficking victims.
    
28. Ethical Supplier Certification:
    Work towards certification of ethical supply chain practices.
    
29. Transparent Reporting:
    Ensure transparency in reporting labor practices and issues identified.
    
30. Modern Slavery Working Groups:
    Establish internal teams dedicated to addressing these issues.
    
31. Review and Improve Contracts: Regularly review contracts for ethical compliance in labor terms.
    
32. Freedom of Movement Guarantees:
    Ensure all worker policies respect freedom of movement.
    
33. Survey Tools:
    Use surveys to anonymously gather employee insights related to labor practices.
    
34. Internal Campaigns:
    Run internal campaigns to highlight and bring awareness to ending slavery.
    
35. Translation of Policies:
    Provide translated resources for non-native language speakers to ensure understanding.
    
36. Temporary and Migrant Worker Support:
    Focus on protections for vulnerable workers, including temporary and migrant staff.
    
37. Cross-Department Collaboration:
    Collaborate across departments for comprehensive risk management.
    
38. Digital Tools and Platforms:
    Use technology to monitor for and manage risks of slavery and trafficking.
    
39. Advocate for Industry Standards:
    Support and promote industry-wide standards on ethical labor practices.
    
40. Emergency Preparedness Plans:
    Equip the organisation to respond effectively to discovered incidents.
    
41. Staff Engagement Surveys:
    Regularly conduct surveys to gauge employee sentiment on company ethics.
    
42. Ongoing Professional Development:
    Encourage continuous learning about labor rights issues.
    
43. Transparency in Communication:
    Regularly update staff and stakeholders on progress towards eliminating risk.
    
44. Employment Relationship Evaluations:
    Regularly evaluate employment relationships to expose risks.
    
45. Encourage Speak-Up Culture:
    Foster an environment where employees feel they can safely report concerns.
    
46. Align with Corporate & Sustainable Development Goals (SDGs):
    Align organisational goals with the UN Sustainable Development Goals related to work.
    
47. Safe Working Environment Initiatives:
    Commit to creating and maintaining a safe and fair working environment.
    
48. Risk Analysis Frameworks:
    Develop frameworks for ongoing risk analysis of slavery and trafficking.
    
49. Industry Participation:
    Actively participate in industry networks focused on ending modern slavery.
    
50. Leadership Engagement:
    Ensure leadership is aware, committed, and regularly informed of efforts and progresses in combating modern slavery.

Promoting these actions within an organisation can significantly bolster anti-trafficking efforts and create a culture of ethics and respect for human rights.

MANDATORY TRAINING

Human trafficking training may now be mandatory for police, and other industries such as mandatory for beauty industry and many other industries – so HR professionals can start planning for the industry now.

MORE INFO…

If you’re lost…start here: How to register a human trafficking statement

by Colleen Kelly

Ensure Compliance: Key Insights into the Latest WHS Code

by Colleen Kelly

As the previously elected Spokeswoman for the WorkCover Authority of NSW, I leverage my WHS network to stay informed on HR and WHS legislative changes. The new WHS Code of Practice gives clear warning that organisations need to be audit-ready and in compliance with the new codes for WHS organisational safety and risk preparedness. See: New WHS Code of Practice

In today’s complex work environments, prompt adoption of these guidelines is essential to protect organisations’ considerable risks.

EXECUTIVE review

The latest WHS release is designed for Commonwealth workplaces, however it provides important guidelines and best practices for any organisation, big or small. This comprehensive code introduces new safety strategies focused on risk management, employee well-being fostering a proactive safety culture where employees are empowered to identify hazards, and prioritise health and safety. Additionally, the guidelines emphasise inclusivity, ensuring that the safety needs of all employees, including vulnerable groups, are respected.

RECOMMENDATIONS

In the ever-evolving landscape of occupational safety, it is of paramount importance to implement comprehensive safety measures to mitigate inherent risks. The following strategic recommendations, aligned with the latest Work Health and Safety (WHS) code release listed above, are critical for reinforcing a culture of safety and resilience within your organisation:

1. Conduct Regular Training Workshops: It is essential that all personnel receive thorough training on the updated safe usage of equipment, emergency procedures, and protocols. This regular training enhances safety awareness and response readiness.
2. Prioritise Equipment Integrity through Routine Inspections: The systematic and thorough maintenance of all machinery within the workplace is an indispensable practice that significantly mitigates the risk of accidents arising from equipment malfunctions. By implementing a consistent schedule of detailed inspections and preventive maintenance, organisations can proactively identify and address potential mechanical issues before they exacerbate into serious hazards. This diligent approach not only safeguards the workforce by minimising the likelihood of injury but also ensures the seamless continuity of operations. By preemptively resolving equipment-related concerns, this essential upkeep strategy directly reduces the probability of operational interruptions, thereby enhancing overall productivity.
3. Deploy Personal Protective Equipment (PPE) Strategically: Mandating PPE, including gloves, helmets, boots, and eye protection, at crucial moments enhances productivity by preventing workplace injuries, reducing downtime, and ensuring employees can work safely and efficiently, all while demonstrating the organisation’s commitment to workforce safety.
4. Establish Comprehensive Safety Protocols: Develop clear safety guidelines for complex tasks such as machinery operation, livestock management, and chemical handling to standardise safe practices across the organisation. This not only reduces the risk of accidents, thereby boosting productivity by minimising disruptions, but also enhances employee morale by fostering a secure and supportive work environment.
5. Encourage Open Communication for Safety: Create a friendly and welcoming environment where everyone feels comfortable sharing any safety concerns, such as hazards or near misses, without fear. This approach helps us all work together to keep our workplace safe, leading to fewer accidents and interruptions, which boosts productivity. Plus, when employees know their voices are heard and valued, it increases overall happiness and job satisfaction (which is again, back to the organisation’s bottom line and long term economic growth).
6. Undertake Systematic Risk Assessments: Perform regular and meticulous evaluations of workplace environments to identify and neutralise potential hasards, thereby implementing pragmatic measures to deter potential risks.
7. Workplace Productivity: Signage In Australia, WHS laws require that clear signage be used for effective risk management. Such signage helps employees quickly identify hazards, concentrate on their tasks, and improve productivity while minimising downtime due to accidents and subsequent investigations and post-incident reporting. A safe environment promotes well-being and confidence, enhancing workplace efficiency and morale.
   See: SafeWork Australia: Managing the work environment & facilities
8. Implement Comprehensive Fatigue Management Strategies: Manage work schedules adeptly to curtail undue fatigue, ensuring workers are vigilant and accidents are minimised, bolstering overall workplace efficiency and safety. Important reading: Miller, J. C., et al. (2007). Monitoring fatigue in safety-critical work environments. *Aviation, Space, and Environmental Medicine, 78*(5), B21-B29.
9. Ensure Standards for Secure Storage Practices: Meticulously organise and store chemicals, tools, and supplies to prevent inadvertent spills or injuries, thus maintaining an organised and hazard-free work environment.
10. Devise and Regularly Drill Robust Emergency Response Plans: Develop multifaceted emergency response frameworks for various scenarios including fires, critical injuries, or adverse weather events, reinforced by regular practice drills to ensure adept crisis management readiness.

Embracing these meticulous and dynamic strategies will empower your organisation to exemplify safety leadership and foster an environment where employee well-being is prioritised, ultimately driving operational excellence, resilience, productivity and employee engagement.

by Colleen Kelly

During my time as the Spokeswoman for the WorkCover Authority of NSW, I had to  report on countless catastrophic injuries.  Burned into my memory are photos of mine collapses and crane-falls on building sites, and as a “farm-girl,” these cases felt personal:   I imagined my father out in the paddock – on his old Massey Ferguson – without a roll bar.  This fuelled my determination to study protective rollover bars on heavy machinery—a measure that eventually became law in NSW.  It took 18 months of late nights, (and lots of decent coffee), to analyse the data from the entire state, and present an actionable report to the Authority’s Board, but the conclusion was clear: roll-bars save lives.

When there’s a clear dangerous workplace problem like this, and a viable solution, it was our solid data (and the ability to defend it) that led to legislative change.  In addition, for critical and strategic thinkers like me was the question:  who would be the first to market with a roll bar in compliance with the new regulations, capture the new market, maybe even franchising the technology, and leave competitors in their wake?.  

When I had such blatantly visible problem to solve such “driver protection in a catastrophic roll-over”, the solutions were relatively simple.

However ..

“Silent” injuries, such as those from excessive sitting, still trouble me because these injuries develop gradually, yet severely impact health over time. It can be a lawsuit waiting to happen.

Boosting Workplace Productivity through Ergonomics

Recent studies highlight that ergonomic improvements in the workplace can substantially enhance productivity. By minimising physical strain and discomfort, employees are able to concentrate more effectively on their tasks, leading to improved efficiency.

One significant study by Robertson & Huang, 2020 demonstrated that ergonomic interventions, such as adjustable seating and desk design, can lead to sustained improvements in worker performance and job satisfaction.

However, you don’t need to spend years in one of my old lectures where I spoke on both biomechanics and safety as an Adjunct Professor of Sports Biomechanics – you already know the answer – employees that move more, make more. However, it’s way more than that…

Beyond Productivity

The impact of ergonomics extends beyond productivity to encompass many more health risks:

• • Musculoskeletal Disorders: Adequate ergonomic design reduces the risk of back pain and repetitive strain injuries (Smith & Johnson, 2022). Sitting for too long can cause back pain and repetitive strain injuries (Cohen et al., 2010).

• • Cardiovascular Health: Implementing sit-stand workstations can mitigate the risks associated with prolonged sitting, including heart disease (Thompson & Miller, 2023).

• • Metabolic Effects: Improved workplace ergonomics contribute to better metabolic health by encouraging movement and reducing sedentary time (Davis & Lee, 2023).

Fun Fact

Did you know Leonardo da Vinci preferred standing while painting and writing? He believed it boosted his creativity and productivity!

Small Changes, Big Benefits

• • Ergonomic Assessments: Tailor workstations to individual needs to reduce discomfort (Robertson et al., 2013).

• • Regular Breaks: Encourage employees to take short, frequent breaks to stand and stretch (Pepera et al., 2014).

• • Standing Desks: Offer standing desks to promote varied postures (Chau et al., 2013).

Executive Recommendations

To foster a healthier workplace and improve productivity and the bottom line, and protect yourself from lawsuit, consider these recommendations:

1. Conduct regular ergonomic evaluations and adjustments of workstations.
2. Implement a policy of frequent breaks to encourage movement
3. Provide height-adjustable desks and ergonomic chairs for all employees.
4. Offer training sessions on proper ergonomic practices.
5. Incorporate stretching and mobility exercises into the daily routine.
6. Facilitate a workplace culture that values and prioritises physical activity.
7. Utilise technology to remind employees to take breaks and adjust postures.
8. Review and update ergonomic policies regularly to include the latest findings.
9. While you might not work in an environment where you can host monthly “Olympics” with silly hats and prizes, you can adapt to fit your workplace environment, for example: I can’t imagine a group of barristers tangled up in a “team-building” game of “Twister” on the floor (more likely they’ll end up in a tangle of lawsuits!). Still, getting people ‘up and moving’ is fantastic for health, productivity, and the bottom line.  Plus, it might keep your organisation safe from lawsuits, unless, of course, your barristers get sued for turning their “team-building Twister” into a full-contact sport. 🙃
10. and my personal favourite:   take meetings while you walk, or meet for coffee down the road, just get up and move!  The longer you’re at your desk, the less productive you are.

THE STUDY THAT FORGOT THE COFFEE

Grunseit et al., 2013 boldly explored the concept of treadmill desks—claiming they increase productivity.   But let’s be real here – scientists love our big, universe-probing questions, so my question on this study is: “How do I power-chug my coffee without turning my keyboard into a caffeine slip ‘n slide (…a WHS issue, lol) while jogging through emails?” For me, this study lands solidly in the “yeah, right, good to know” bin. Considering this “treadmill revelation” has been gathering dust since 2013 and our chairs haven’t evolved into running shoes, it seems treadmill desks aren’t exactly sprinting onto HR’s budget wish-list. (When I said “I’ll achieve my personal best”…I meant ME, not the DESK!  I’m afraid it might outrun me!).

WHERE GO NEXT:

While research on treadmill desks might not be for me…for the latest scientific research material regarding the impact of excessive sitting on health and productivity, I rely on scientific sources such as:

• PubMed (https://pubmed.ncbi.nlm.nih.gov/):
  A resource from the U.S. National Library of Medicine that provides access to a vast database of biomedical literature.
• Google Scholar (https://scholar.google.com/):
  A freely accessible web search engine that indexes the full text or metadata of scholarly literature across various disciplines.
• ScienceDirect (https://www.sciencedirect.com/):
  A leading full-text scientific database offering journal articles and book chapters.

Since I retired from coaching and teaching in 2025, I want to be able to use my platform for good. One of the charities and organisations I like to support is the International Anti-Slavery Commission.

So, with my training as an Human Resources (HR), ER, IR and OH&S Consultant, and, as the previously elected Spokeswoman for the WorkCover Authority of NSW, my interest in helping end modern slavery, by using my HR expertise.

The role of a HR professional is to improve standards in safety, inclusion and salary/reward. While employee standards in western countries may be wonderful…there are still 50 million slaves in the world today, and human trafficking is the world’s fastest GROWING profession. And…human trafficking is still legal in half the world!

Human resources & IR/ER & OH&S professionals, can change the world:

Here’s how…

Establish Comprehensive Policies:

• Develop and enforce policies that explicitly prohibit modern slavery and human trafficking within the organization and its supply chain.
• Ensure these policies are communicated clearly to all employees and stakeholders, including suppliers and subcontractors.

Conduct Due Diligence:

• Implement robust due diligence processes to assess and monitor suppliers for compliance with anti-slavery policies.
• Use tools like supplier audits, questionnaires, and on-site inspections to gather information on labor practices.

Supplier Engagement and Training:

• Collaborate with suppliers to provide training and resources on recognizing and preventing modern slavery.
• Encourage suppliers to adopt transparent reporting procedures and ethical labor practices.

Ethical Recruitment Practices:

• Ensure that recruitment practices within the organization and among suppliers are fair and transparent.
• Avoid recruitment fees borne by employees, which can lead to debt bondage, a form of modern slavery.

Monitoring and Reporting Mechanisms:

• Establish mechanisms for employees and suppliers to report concerns about slavery or trafficking anonymously.
• Respond quickly and effectively to any issues identified, working with law enforcement and relevant organizations if needed.

Risk Assessment:

• Carry out periodic risk assessments to identify parts of the supply chain that are at higher risk for modern slavery and develop targeted action plans to mitigate those risks.

Partnerships and Collaborations:

• Collaborate with industry groups, NGOs, and governmental bodies working to eliminate modern slavery.
• Engage in multi-stakeholder initiatives that aim to improve labor standards across industries and supply chains.

Transparency and Reporting:

• Publish annual statements or reports in line with regulations such as the European, UK or Australian Modern Slavery Act, detailing actions taken to prevent modern slavery.

Continuous Education & Improvement Practices:

• Regularly review and update policies and practices in response to new developments in laws, standards, and best practices aimed at combating modern slavery.

By implementing these strategies, HR departments can help ensure ethical practices are upheld throughout their supply chains, ultimately contributing to the fight against modern slavery and human trafficking.

Take a look at this incredible short story…

Canadian Forestry Avoids WHS Lawsuit: A Personal Story

by Colleen Kelly

Read Study:
“Biomechanical investigation of prolonged driving in an ergonomically designed truck seat prototype”

Many years ago I was invited to far north Vancouver Island to teach horse riders better seat and posture, but what I left with was a new level of understanding of how biomechanics can help industry.

My lovely hosts arranged a tour of the forestry industry while I was there (this appears to be quite the tourist thing to do in the area). Honestly, I wasn’t interested in forestry at all, and knew very little about it.

I arrived and there had been a mix-up (thank you Universe!). The ‘tour’ somehow didn’t happen that day, but my hostess had already dropped me off and left. The boss was so sweet – he said he was touring the entire facility anyway, and I could ‘tag along’ with him for the day.

Well – what a day we had! We drove all over the massive property, and I was impressed that it was a planting program as much as a forestry program. But it was at the end of the day, when we returned to the production area that changed my career forever.

For ‘a bit of fun’ they invited me up into this huge big rig that lifted massive logs all day long. When the operator looked behind him, I could see his back “twinge”, and the all too familiar look of “no pain no gain”, and “I’m going to tough it out”.

There were only the two of us in the machine, and I said to him “why on earth don’t they move the steering wheel on the other side of the machine if you spend all day twisted, looking behind you.”  I felt so sorry for the pain he was in, and no way to really help him unless they changed the machine.

When I came down out of the massive machine, I then saw a bunch of women they call “scalers”. Their job is to measure the massive logs that are put up on a huge table. But the table was quite low, and they spent all day bending and twisting down to measure the logs.

Worse…they also had a small (but quite heavy) computer strung around their necks to enter the data. All day long this thing was pulling on their very delicate necks.

The women told me there were many days off work, lots of pain, and no chance of fixing it because of the poor design of the table – and the computer dangling off their neck all day long.

When I mentioned something, they begged me not to say anything to the bosses…but hey…anyone who knows me – I’m an Aussie and we stand up for the little man! And, I’m a bit of a blabbermouth anyway…so I went straight to my new friend, the boss, who had been driving me around all day.

“Thanks for letting me see the production area. Gee your staff love you” I said.

“That’s great to hear” the man said “we really love our staff, they become friends in such a small town. We know all their families, and their kids, it’s a very tight team”.

“That’s so wonderful you’re great friends, it helps you put off the lawsuit”

“Lawsuit?” he said, looking panicked!

“Yes, I notice that the big machine has the steering wheel on the wrong side. Just a few thousand dollars could stop a lawsuit. And, lifting the tables for the scalers, and putting the computer on a simple trolley – just a few more thousand – that could save you millions. Your staff are just wonderful that they don’t sue you. They really must love you.”

Needless to say he was shocked, and didn’t really say much.

It was the end of the day, and I said goodbye, and didn’t really think about it again, being on tour teaching and speaking.

It wasn’t until a hand-written letter managed to reach me (not easy when you’re always on a speaking tour).   It was from the old man’s wife from the big machine.  I still have it to this day, and this is what it said:

Dear Miss Kelly,

I am writing on behalf of my husband Peter, who cannot write personally, as he did not complete his education and cannot read or write.

We both want to thank you for changing our lives – completely. After your visit, the very next week the company executives had engineers come all the way up to the yard, all the way from Vancouver to change the steering wheel of Pete’s machine from front to back. 

But they also did something else that was amazing. They built up the scaler tables so the girls don’t have to bend any more. And, they also had a local metal worker make little trolleys so their computers can be next to them all the time, but they don’t have to carry them around.

I was so worried. This is a small town, and there are no jobs except in forestry or fishing – either one is going to wreck my husband’s back even more. He had gotten to the stage where he was taking medicine every day, and couldn’t even help me with the groceries.

With the steering wheel on the other side, he is not in any pain any more from looking behind him all day. The pain is gone. But for me, it’s the change in his personality. I don’t think he’d mind me saying he had become ‘the grumpy old man’. Now, he has turned back into the man I married. But it was yesterday that prompted me to write to you. I enclose a photo that literally explains everything.

I cannot thank you enough. You have changed an entire town in one visit, and you didn’t even come officially, you were just visiting for the children’s horses – and yet you changed so many lives in just a few hours.

God bless you Colleen (I hope you don’t mind me calling you that, seeing we haven’t met – but you are indeed now a true friend).

Your friends from the north,

Peter and Margaret

[enclosed was a photo of Peter rolling in the grass with his grandchildren and a little dog. I’m pretty sure I cried at the time!]

As the previous Spokeswoman for the WorkCover Authority of NSW, I have always had a major interest in industrial and commercial occupational health and safety. For example, I was instrumental in having roll-bars made mandatory in all tractors in Australia when at the time tractor injuries were the number 1 work related injury in Australia.

But until that letter I didn’t realize how you could change an entire industry in just a few hours.  I will never forget that letter, and I have had the joy and honor of helping industrial and commercial workers regain their lives, and industry leaders avoid potentially crippling lawsuits.

Below is a wonderful, simple study from very reliable sources studying one simple thing that could change lives: adjustable truck seats.

Take a look at this remarkable study by Cardoso M¹, McKinnon C², Viggiani D², Johnson MJ³, Callaghan JP², Albert WJ¹. published in US National Library of Medicine National Institute of Health (PubMed) on-line library:

Biomechanical investigation of prolonged driving in an ergonomically designed truck seat prototype.

Several years ago I was asked by a large backpack association to speak at one of their events on how to pack children’s backpacks.

It was one of the few times I said ‘no’ to a lecture. Frankly, I don’t believe children should be carrying backpacks at all.

At the time the only solution I could think of was a trolley. You don’t see children at an airport carrying a backpack – they pull a trolley instead. But of course now we have kindle, the internet, electronic submissions of essays. Why on earth are they carrying a single book?

Looking into it further at the time, I did a small study (n=27) and found that the children in Melbourne that I studied, all from Grade 9 at the local Bacchus Marsh School, were carrying more weight than Heathrow Baggage Handlers!

But, as the Universe would have it – while I was doing the study, the school had a group of children visiting from Japan.  What did they arrive with….trolleys!

Children should not be carrying heavy back-packs.  Simply a lawsuit waiting to happen – that can so easily be avoided.  Extra lockers, using kindle, internet and electronic submissions, and if the school is that old-fashioned they are unable or unwilling to go paperless…use trolleys!

Click here to go to the Time Health Article

I would like to thank everyone for the thoughts, prayers, cards and flowers and for those of you who came to my father, Frank Kelly’s funeral.

Many of you remember my mother Gwen Kelly, President of the Accommodation Owner’s Association (AOA) on the Gold Coast.  Mum was amazing – riding and performing in the “Spirit of Pharlap” show at age 76.  She was an incredible dog and horse trainer as everyone knows, but she also trained cats to do tricks!   You may also remember my incredible sister Shauna Kelly who was truly a remarkable woman and a great gift to the world of education and music, and advisor to the Auditor General, and Premier & Cabinet, and the Library of Congress in Washington DC, and Microsoft lecturer.

I now stand on the shoulders of three amazing people who gave me the strength to achieve anything I set out to do.

Again, thank you for your kindness, thoughts & prayers at this difficult time.

WARNING:  do not do any exercises if you are injured.  SUPPORT YOURSELF FULLY ON A STABLE SURFACE (NOT A CHAIR THAT CAN TIP OVER).

Seek medical advice & clearance before any physical activity!

Easy balance tip…

No matter if you’re a footballer practicing for the World Cup, or a horse rider trying to stay on over a massive downhill jump, playing golf, or even if you’re walking a  big, boistrous dog …you need good balance. And, the older you are, the more balance becomes important.

1. Find a stable surface to lean against
2. Raise one foot in front of you
3. Do circles with your raised leg
4. Clean your teeth at the same time.
5. Change legs from time to time
   
   
6. ADVANCED:  See the photo below…the athlete has raised her left heel up off the floor – still while doing circles with her right foot, and cleaning her teeth.

Abstract

• The Pacific Islands and Timor-Leste Transnational Seasonal Employment Study
• Negligent Hiring Practices: Preventing Risk to Organisations.
• AI’s Top 10* JOB CANDIDATE EVALUATION TOOLS
• One of HR’s Vital Roles in Supply Chains
• Boost Workplace Safety with Updated WHS Practices

I’m sorry I’m retired from sportsnow, but look back, happily, on such a wonderful career…

I’m sorry I’m retired now, but look back, happily, on such a wonderful career…

Hi everyone,

We’re coming through Santa Fe (Nambe) on the way to Colorado, and invite you to come along to ride or watch.

This will be a VERY INFORMAL and fun clinic, and you’re ALL WELCOME.  No matter how old, how young, what sport, and what level of expertise.

If you’re in pain when you ride, or would like to improve your balance & confidence…this is the weekend for you.

Please don’t think “I’m not good enough” to ride with us.  You don’t wait until you’re a concert pianist to have a piano lesson.  NERVOUS RIDERS – YOURE SO WELCOME!

We will work with you in a totally respectful and careful way, so please do come along….and SPREAD THE WORD with people in the area.

Contact Shelley Bachicha

I’m sorry I’m retired now due, but look back, happily, on such a wonderful career…

I am looking forward to visiting Ireland again in 2019.

2018 is almost booked out lecturing to private industry around Australia either with my keynote: “From Homeless to Millionairess: The 8 steps to success.”

For a press packet, including free DVD email our team.

No more riding coaching – but I can still help any sports performance. Come along to my 2019 lectures. Dates to be announced.

I’m sorry I’m retired now,  but look back, happily, on such a wonderful career…

Great News! Colleen Kelly is coming to Ireland.

First at the Royal Dublin Horse Show, then a

Seat & Position Clinic in Dublin

ALL WELCOME! Details here

Contact:  Nicky Mummery

I’m sorry I’m retired now due to my breast cancer, but look back, happily, on such a wonderful career…

I would like to congratulate the makers of the new CKRider saddle.  This morning I had the honor of riding in what I believe is the best saddle on the market for my sport.

As a judge, coach and competitor, I obviously love dressage and performance, but I’m a actually a real “country rider”.  My mother and I used to call it “bush bashing”…going all out “Man from Snowy River” style flying through the bush as fast as our horses could go, then leaping into the creek with the horses to cool off.   Even though we compete at elite level, our horses lives outside, I hack out every day, I ride up hill and downhill A LOT!  I need more from a dressage saddle than just sitting pretty in front of a judge.  I need a saddle that can HANDLE THE ACTION.  But mostly KEEP ME SAFE!!!

Finally, after 35 years in the horse industry, I am able to create the EXACT saddle that I want.  The exact shape, size, color, choice of leather, but especially what I want  is a balance between freedom and SAFETY (OK I’m not young any more here!)

I HATE being locked into huge hard saddles.  And I HATE the fact the shoulders just cannot move underneath.  This whole concept of saddling and special pads is just amazing, the horse can change muscle shape underneath you, but you don’t need a new saddle…anyone can change the shims in about 60 seconds, meaning you can have the saddle on LOTS of different shaped horses!

CK Rider saves me (us!)…

Just recently in training I realized just how good this saddle is…I was riding at our Black Pearl Farm, and “spring had sprung”  there were 2 baby calves bouncing around in the paddock next door, and a whole bunch of goats and one VERY scary Alpaca!

Cantering downhill…well my Saint had a bit more SPRING that I really needed! When the alpaca hissed and ran at us, only 10m away from us, Saint really did a massive leap in the air, but came down hard and stumbled a bit.  I didn’t move an inch in this saddle.  But not LOCKED…just still and safe! Not only did I not move an inch…I was able to pick the horse up from stumbling further…it saved us BOTH!

The next day I went back and rode in one of the saddles that was the skeleton for our special design…it wasn’t NEARLY as good at keeping me “alpaca proof”, and that was it, I sold my previous version because this one IS IT!!!!

It’s a combination of special seat shape, but also the MONO flap is much much closer contact, but it was my own personal request that “stuck me on”.  I asked the makers to get me the STICKIEST leather there is and the CKRider comes in several leather shades of this superior “stick on” leather, but (for us fashion fans!)  more importantly about 24 different colored trims (I of course have red, being so shy LOL).

You can get your exact color, exact flap length, as this is a personally designed saddle, and I’ll bet my reputation on you just LOVING it!

I’m sorry I’m retired now, but look back, happily, on such a wonderful career…

This is an opportunity of a lifetime…come to Kentucky and help us behind the scenes at these to SIMULTANEOUS events at the Kentucky Horse Park.

Rolex in the daytime, Reining Cup in the night time… two tradestands, lots of excitement.

We’re after:

• riders who are interested in becoming speclialist seat and posture coaches in the future and would like free training on the stand
• professional ISRB coaches to help with seat and posture assessments
• people who can help out with errands and setting up or pulling down the stand.

I’m sorry I’m retired now, but look back, happily, on such a wonderful career…

SEAT & POSTURE: at Kentucky Horse Park

This year we will have TWO tradestands at the same time giving seat & posture assessments & demos.  Rolex – April 24 to 27, 2014. And in the evenings the Kentucky Reining Cup – April 25 to 27, 2014. Don’t miss us!

Stabling and camping limited but available at Black Pearl.

Don’t put it off – life’s too short! Come for a trip of a lifetime!

I’m sorry I’m retired from sports now,
but look back, happily,
on such a wonderful career,
and thank my many supporters in canada.

I’m sorry I’m retired now, but look back, happily,
on such a wonderful career, and thank the people of Canada…

As a Board Member and examiner of the ISRB I travel the world both giving clinics and examining potential coaches. These two clinics – are for 5 days. The first 4 days is sitting watching, listening, coming into the arena (so bring those riding boots) and testing riders. You will go away with such an incredible depth of knowledge, yet, boiled down to incredibly simple principals.

There is no lateral work in this clinic (but I can never help mentioning how it will apply to higher level things just to give you an idea of Level 2 and Level 3).

This TEACHER TRAINING clinic suits riders who want to be better, coaches who want to specialize (and develop their earning potential!), beginner riders who haven’t got a clue and feel terrified to come in such higher level company – seriously we’d love you to come! We’ll make you feel right at home. Promise!

NO EXAMS!

Just come for the 4 days and go home if you like. You might not be able to get 5 days off work. You might be nervous in public. You might have only just started coaching and would like to come along and do your exams at a later clinic.

We understand that coaches, Mums and Dads are busy people, and we will find a way to work in with you later to do the exams if need be…giving you a little more time to study and be relaxed with the work.

Or, “do it all”…you can do the theory exam the evening of the first night, and the practical exam on the last day, and with a few more paperwork steps such as insurance, you are then an Official ISRB Coach qualified to teach biomechanics seat & posture specialty at the very first level.

Mums and Dads:  We get lots of Mums and Dads who will never coach, just want to help the kids! They don’t do the exams, they just come for 4 days, but come and watch the exams on the final days to help with their teaching style for their own children. Either way it’s a great way to help their children be safe, kind to their ponies and blossom into wonderful riders of the future.

Contact us…

I’m sorry I’m retired now, but look back, happily, on such a wonderful career…

It’s not too late to join in the amazing clinics we have in South Africa in just TWO WEEK’S time. Riding places are available, and if you were touring with us I’m sure we could get you a borrowed horse. more >

If you live in SA….even better! Riding places still available, or just come and watch this time!

I do hope you join me, as a local rider, or travel from overseas with us, come see the elephants with Nick and I! (and ride in or watch some great lessons too!).

 Dunblane Equestrian Estate – 7-9 March 2014
Cnr 9th & Shamrock rd, Bredell, Johannesburg East
Contact: Hannacke Smith 
hannacke@dynamicequilibrium.co.za Cell: 076 421 1845 

 Southern Riding Centre – 14-20 March 2014
Plot 81, Eisenhower street, Tedderfield, Johannesburg South
Contact: Hannacke Smith
hannacke@dynamicequilibrium.co.za Cell: 076 421 1845

 El-Shadai Equestrian Centre – 21-23 March 2014
Contact: Kristen FitzPatrick kristenfitzp@gmail.com

Best wishes,

Colleen

MVP Shauna Kelly: A Remembrance

November 16, 2012 – From the Microsoft Most Valued Professional Newsletter/Weekly Roundup

One year ago today, beloved Word MVP Shauna Kelly lost her battle with cancer at 8:36am at the Royal Women’s Hospital in Victoria Australia.  Shauna was known for her quick sense of humor, big spirit, sharp intellect, and endless capacity to help people in the community.  Shauna’s passion, enthusiasm and clarity of thinking in the way she approached being an MVP was very special.  She was such a huge force in the community and in our Microsoft Family and her loss continues to be felt today.

Before her death, Shauna was working on an ambitious project she named, “Word Toolkit”, which is a suite of tools for people managing large documents in a corporate or government environment.  Shauna’s vision for Word Toolkit included tools for managing styles, content controls, building blocks, headers, footers, revisions, and large sets of documents (including sets composed of a mixture of Word documents and PDF files). As a first step toward realization of that vision, she generalized the capabilities of the tools she had previously developed for governments and corporations. Then she merged the tools into a single software package and added to them other tools developed for more general users of Word.

Unfortunately Shauna was unable to complete this project. To honor her memory and to help keep her in their hearts, friends and family and other interested parties joined together to help realize Shauna’s vision.

Peter Grimshaw, Karl E. Peterson, and Rob Bovey helped gain access to Shauna’s VB6 code. Tony Jollans, Jonathan West, Lene Fredborg, and Bill Coan analyzed the code and concluded that it should be ported to VBA, so that it could be carried forward by the large population of users who have knowledge of both Word and VBA.  The Word Toolkit framework and Shauna’s Header Footer Boss were ported to VBA by Bill Coan. Additional tools will be ported and brought to completion in the future. Anyone who would like to help with this effort may contact Bill Coan at billcoan@wordsite.com or Peter Grimshaw at info@btmi.com.au.

Header Footer Boss is the first of Shauna’s tools brought to completion. Others will be added to Word Toolkit as they become available. Header Footer Boss lets you:

•View in a single dialog box all headers and footers in all sections of all open documents.

•Mark for special attention headers and footers that control their own content, sections that specify a starting page number (or where a new page number format begins), documents with different even-numbered pages, or any of a dozen other items that could be a source of problems.

•View the status of any individual header or footer and link, unlink, edit, or delete its contents as desired.

•View or modify the properties of any individual section and link, unlink, or delete the contents of the headers and footers in that section.

•View or modify the properties of any individual document and link, unlink, or delete the contents of the headers and footers throughout that document.

This first major milestone in the realization of Shauna’s vision will be published on the Word MVP Website, run by MVP John McGhie, very soon, with the other tools to follow as they’re completed.

Shauna Kelly had a quickness of mind, clarity of thinking, a vividness of expression, and an openness of heart that won friends for her wherever she went. She went all over the world. Should you wish to honor her memory, a donation in her name to the Ovarian Cancer Research Foundation would be her wish.

For more information, visit http://www.ocrf.com.au/

We honor our friend and remember her life well lived today. We miss you!

from Jason Shore

This is the coolest “quick trick” you can do sitting at your desk to develop independent seat and co-ordination. The horse rider’s independent seat is not just for dressage, it’s for all horse riding sports to gain the ability of moving one part of the body without interrupting other parts or the fluidity of the horse.  This email, received from Jason Shore, is currently going around all the email mailing lists, so I am not sure where it originated….but it’s brilliant!

You can do this at your desk

This will boggle your mind, and you will keep trying over and over again to see if you can outsmart your foot – but it seems it’s pre-programmed in your brain!! 1.  While sitting where you are at your desk, in front of your computer, lift your right foot off the floor and make clockwise circles. 2.  Now, while doing this, draw the number ‘6’ in the air with your right hand. Does your foot change direction?