New workplace safety laws set to pass in South Australia in October

South Australian Independent Member of Parliament, John Darley, has been negotiating on that State’s Work Health and Safety laws for many months.  On 17 October 2012, according to a media release from SA’s Premier Jay Weatherill and Workplace Relations Minister Russell Wortley, Darley agreed to support the passing of the laws after achieving some amendments.  Those amendments involve changes to

  • height limits,
  • duty of care,
  • the right to silence, and
  • the right of entry.

Tammy Franks, a Greens MLC, was able to achieve an expansion of the number of days available for OHS representative training.

A spokesperson for John Darley told SafetyAtWorkBlog that another change was for any WHS codes of practice to undergo a small business impact assessment in consultation with the Small Business Commissioner.  Darley’s spokesperson said that the MP had met with Business SA after it changed its position on the WHS laws.  The amendment above is likely to address the small business concerns that BusinessSA raised in its letter to its members earlier this month.  The flip-flopping of BusinessSA on workplace health and safety laws was always curious and it is likely to put the organisation at a negotiating disadvantage once the laws passed.  It may try to claim a mini-victory through the small business change but the change appears to have occurred due to Darley’s efforts and not through any relationship with the South Australian Government. Continue reading “New workplace safety laws set to pass in South Australia in October”

Politicians are exploiting proposed OHS laws for their own benefit

South Australia’s Industrial Relations Minister, Rob Lucas, stated in the Adelaide Advertiser on 3 October 2011 that

“The Liberal Party has always supported strong work safety laws which protect workers at work sites.”

This may be the case within the limitations of that sentence but the conservative political parties have not always been supportive of the basis for safety management, the creation of evidence through authoritative research.  According to a 2003 submission by the Australian Council of Trade Unions

“After the election of the Liberal/National Coalition in 1996, the Federal Government decided that:

  • the NOHSC budget must be cut by $5.9 million each year;
  • a further 5% cut was imposed across the board; and
  • redundancies had to be covered from within the NOHSC budget.

This represented a cut of $6.6 million (35-40%) to the NOHSC annual budget……

The April 1996 NOHSC decision on allocation of its $14 million budget cut OHS research and information, and education and training. National standards work was also decreased. These areas are central to a national approach to OHS.” [emphasis added]

Around the time of these severe budget cuts Australia had begun moving to a system of national uniformity in OHS.  The impact of this political decision hamstrung the research efforts of NOHSC just as the uniformity momentum was increasing.  As the National Research Centre for Occupational Health and Safety Regulation has written

“A notable development in standard setting in Australia during the 1990s was the movement towards national uniformity in standards in regulations and codes of practice. The process was overseen by the former NOHSC, which in 1991 established a tripartite National Uniformity Taskforce, which identified several key first order priorities for achieving national uniformity: plant, certification of users and operators of industrial equipment; workplace hazardous substances; occupational noise; manual handling; major hazardous facilities; and storage and handling of dangerous goods.

NOHSC developed standards in the first six of these areas, and the jurisdictions were well on the way towards adopting these standards by the end of 1996, although it should be noted that jurisdictions were quite inconsistent in their adoption, particular in choosing whether to implement the standards in regulations or codes of practice, in their drafting styles and, in some cases, the substance of provisions. The national uniformity process was not complete when the Howard government came to power in 1996, and that government first significantly down-sized and then abolished NOHSC, with the result that the move towards national uniformity slowed dramatically after mid-1996.”

Rob Lucas seems to ignore the history of his own party’s decision. Continue reading “Politicians are exploiting proposed OHS laws for their own benefit”

Trade unions enter debate on profits vs safety

The Australian Council of Trade Unions (ACTU) has issued a media release aimed at addressing or countering some of the concerns over new OHS laws expressed by the business community and some politicians recently.

Ged Kearney

ACTU President Ged Kearney has said

“Attempts by employer groups to weaken the new regulations are yet another example of business putting profits before safety….. Employer groups called for a national set of health and safety laws, and we would have thought that business would welcome a tough approach to OHS regulations.”

Sympathy for business is unlikely from the union movement but some sympathy is warranted.   Australian business was promised that new work health and safety laws would reduce the business costs of complying with laws that differed from across a number of jurisdictions.  As companies begin to assess the impacts of new laws on their own business operations, as all companies surely must do, they are noticing additional costs for compliance. Continue reading “Trade unions enter debate on profits vs safety”

Safe Work Australia at Senate Estimates – harmonisation latest

Rex Hoy of Safe Work Australia (SWA) spoke on 1 June 2010 at the Australian Senate Estimates hearing (around page 44) and confirmed progress on the draft OHS regulations and codes of practice.  The draft Hansard reports Hoy saying:

“Just to cover the areas we are working on: there will be model regulations covering administrative arrangements to support the model act, major hazards facilities, licensing of high-risk work, workplace hazardous chemicals, occupational diving, noise, working in confined spaces, performing manual tasks and induction training for construction work.  There may well be more, depending on finishing this process. Continue reading “Safe Work Australia at Senate Estimates – harmonisation latest”

Important OHS law reformer, Jeff Shaw, dies

Around 15 years ago, occupational health and safety law in New South Wales looked exciting.  The NSW Standing Committee on Law & Justice was  investigating OHS, and not just the laws.  There was a potential for the inquiry to make New South Wales a leader in innovation in this sector.

On 11 May 2010, the news broke that a leading supporter for the review, Jeff Shaw, had died.  Although his legal career ended in controversial fashion, Shaw’s activities in relation to industrial relations and OHS were notable.  SafetyAtWorkBlog looks briefly at Jeff Shaw’s OHS legacy. Continue reading “Important OHS law reformer, Jeff Shaw, dies”

Union view of OHS harmonisation and data on the social cost of workplace safety

The national OHS Officer of the Australian Manufacturing Workers Union, Deborah Vallance, provided her perspective on the tweaking of Australia’s OHS laws to the StickTogether radio program on 25 April 2010.  (The interview is at the 16 minute mark in the podcast)

Vallance says that the complexity and overlap of laws is often overstated but that there are benefits for licencing systems related to workplaces.  She casts doubt on the significance of the reforms leading to a “seamless economy” regularly spruiked by government ministers. Continue reading “Union view of OHS harmonisation and data on the social cost of workplace safety”

Information flow is critical for sound Board decisions on OHS

Peter Arthur, a Partner with Australian law firm, Allens Arthur Robinson, spoke on Boardroom Radio on 1 April 2010 about new duties that national OHS laws will place on Directors.

Although there are six elements in the new general duty, Arthur says that they all can come under the category of “information flow”.   Continue reading “Information flow is critical for sound Board decisions on OHS”

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