Category: government

Australian Governments’ flawed strategy on new OHS laws

Lawyer Andrew Douglas’ latest article for SmartCompany illustrates the conflicting approach to the enforcement of alcohol and drug policies in workplaces.  Douglas illustrates the constant struggle for business operators between employment law and safety law, workplace relations and human resources.  Case law has progressed the management of human capital more quickly than has safety management over the same workplace issue of alcohol and drug use leading to a difficulty in determining the best managerial approach to the hazard.

Douglas’ discussion of the role of case law in changing managerial approaches also has relevance in the OHS harmonisation process currently occurring in Australia.  In the early days of this process, the legal fraternity believed, and often publicly stated, that the operation of the law will be “ironed out” only after several years of prosecutions and case law.  These statements seem to forget that behind almost all OHS prosecutions are one or more injured workers and the reality is often forgotten when part of a lawyer’s motivation is also to seek a precedent or a clarification of the law. Continue reading “Australian Governments’ flawed strategy on new OHS laws”

OHS compliance checklists

For several months some Australian OHS regulators have been providing “Compliance at a glance” checklists. These are not intended to establish compliance, particularly in the small business sector as listed on one regulator’s website , but are more brief indicators of areas for greater improvement.

Nevertheless the items listed in the “red zone” of the checklists establish a benchmark of NON-compliance. These items are listed below:

Australian Government moves to a national workers’ memorial

Earlier this week, the Australian Treasurer, Wayne Swan, delivered the budget statements for the next 12 months.  There were several issues that may have an impact on industrial relations and workplace safety over the next few years but the most obvious and tangible commitment was on the issue of a national worker’s memorial.

According to Budget Paper Number 2 (page 167):

“The Government will provide $3.6 million over four years for the establishment of a National Workers’ Memorial and an interactive website. The National Workers’ Memorial will honour Australian workers who have lost their lives due to work related accidents, incidents or disease, and serve as a reminder of the importance of workplace safety.”

The project will be coordinated by the Department of Education, Employment and Workplace Relations who, it is understood, has  already been discussing this concept.

Additional detail is required about the project as there is a major opportunity to build a dignified memorial and website but there is also a risk of producing something that alienates those worker support groups.  Any issues related to a memorial about worker deaths requires careful consideration and coordination.

Kevin Jones

Queensland’s Work Health Safety Bill in Parliament

Several submissions to Australia’s OHS harmonisation process were very critical of the lack of attention provided to the occupational diving industry.  It seems that the Queensland Government has been listening as it has introduced into Parliament a Safety in Recreational Water Activities Bill 2011 alongside its State-version of the model Work Health and Safety Bill (WHS).  The safe diving bill is an example of the additional State-level OHS legislation that the harmonisation process has always allowed for, and may pave the way for “specialist” OHS laws in other States.  The Queensland process is slightly different from how the New South Wales government has approached its OHS legislation.

The bill, as outlined in Hansard, uses model WHS bill language:

“Now I turn to some of the specifics. The Safety in Recreational Water Activities Bill includes the following key elements:

Farm deaths require radical approach

WorkSafe Victoria has reported  that of seven recent work-related fatalities, three have occurred in regional areas on farms.  The most recent death was misreported as involving a quad bike.

In a media release issued on 10 May 2011, WorkSafe’s Ian Forsythe said,

“Safety’s not just about what WorkSafe does. It’s about employers, workers and the wider community taking ownership of it not just for themselves, but the wider community.

It is imperative that regional Victorians, whether they are employers, self-employed or workers to stop and think about what is ultimately important to them and what they can do to prevent more tragedies affecting them and their communities.”

Over the last 20 years WorkSafe has tried a wide variety of safety campaigns in rural farming communities.  Some have Continue reading “Farm deaths require radical approach”

South Australia drops new OHS Bill less than one month after introduction

The South Australian Government has confirmed to SafetyAtWorkBlog that the Work Health and Safety Bill introduced into Parliament on 7 April 2011 has been withdrawn less than one month later.

South Australian politics has been in turmoil since the resignation of the Industrial Relations Minister, Bernie Finnigan, on 22 April 2011.  Finnigan presented the WHS Bill to Parliament and had the running of the Bill.  The IR portfolio, including this Bill, was given to Patrick Conlon and Conlon decided to withdraw the legislation.

A spokesperson for Minister Conlon has advised SafetyAtWorkBlog the Bill was withdrawn for procedural reasons.  Finnigan was in the Upper House and Conlon is in the lower.  For Conlon to take carriage of the Bill, it needs to be introduced into the Lower House and that is likely to be within weeks.

Conlon has also decided to take advantage of the situation by allowing South Australians to make representations on any concerns they may have with the legislation.

This delay makes it more difficult for South Australia to meet the deadline for the legislation at the end of 2011 but it also takes a little of the gloss from being the first State to support the national OHS harmonisation process by introducing its own legislation. Continue reading “South Australia drops new OHS Bill less than one month after introduction”

New work health safety laws in NSW parliament

The New South Wales Government submitted its version of the Work Health and Safety Bill into parliament on 4 May 2011. Neither the Bill or speeches are yet available on-line [Update – see comments below] but NSW Greens MP, David Shoebridge, has provided some indication of what was presented.  Hopefully more information will be available tomorrow.

Shoebridge confirms what many expected

“The Work Health and Safety Bill and Occupational Health and Safety Amendment Bill will remove the capacity of unions to prosecute for breaches of Occupational Health and Safety laws….”

“These bills will also remove the jurisdiction of the Industrial Relations Court and abolish the reverse onus of proof…”

These changes are simply the political cost of the national harmonisation process.  Whether the removal of these powers will decrease workplace safety levels in NSW is highly debatable, as the lack of these in other State does not seem to have affected safety levels. Continue reading “New work health safety laws in NSW parliament”

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