Tag: OHS

OHS objectors get support from South Australia parliamentarian

The last seven days has seen many of the conservative speakers express concerns or objections to the Australian government’s close-to-completed process for harmonising workplace safety laws.  Although one may not agree with the objections, in most cases there is some ideological sense.  On 15 September 2011, South Australia’s shadow Minister for Industrial Relations (IR), Rob Lucas, launched a broadside attack on the OHS laws but with dubious claims.

Lucas’ media release states that

“There is growing opposition to Labor’s proposed bill from industry and business organisations such as Business SA, Master Builders Association, Housing Industry Association, Motor Trade Association, Self Insurers of SA and the Australian Hotels Association.

“The Liberal Opposition believes this bill is a massive full frontal assault on subcontractors and small business in SA which will lead to significant increases in house prices,” Shadow Industrial Relations Minister Rob Lucas said.

“For example, the HIA have estimated the new laws will increase costs by $12,000 for a single story construction and approximately $20,000 for a double story construction.”

The $A20,000 claim has been used by the HIA in the past in South Australia .  A former (Labor) IR minister, Paul Caica, was confronted by the claim in 2008.  The costs seemed to concern the provision of scaffolding on domestic construction sites for work above two metres but no clarification was made publicly.

In May 2011, SafetyAtWorkBlog investigated the $A20,000 claim.  The claim  was quoted at the time by Rob Lucas in a media statement.  The blog article in May said:

“On looking for the evidence on the potential business costs, an HIA spokesperson has advised SafetyAtWorkBlog that no figures were provided by the HIA to the minister for this media statement.  The spokesperson said that the cost figures may have been extracted from earlier submissions to government.” Continue reading “OHS objectors get support from South Australia parliamentarian”

Safety costs of harmonised laws revealed

The Regulatory Impact Statement (RIS) on Australia’s Work Health and Safety laws has been released and will be available through the Safe Work Australia website shortly (probably today given the media attention).  Much attention will be given to the cost estimates of the laws’ introduction but the 336-page RIS seen by SafetyAtWorkBlog  emphasises in the Executive Summary that

“While monetary values of impacts are estimated and an appropriate sensitivity analysis is undertaken, these results should be treated with some caution given the uncertainties associated with estimating changes in work health and safety benefits. Greater weight should be given to the general direction that the estimates suggest is the likely outcome from these reforms.”

This important point is likely to be lost in some of the expected argy-bargy over economic impacts and cost v benefit.

The core figures provided in the RIS are:

“While there will be one‐off implementation costs, the quantitative analysis undertaken at the national level for adopting the model WHS Regulations indicates net benefits (i.e. after implementation costs) of around $250 million per annum to the Australian economy over each of the next 10 years. This estimate does not include expected productivity benefits. While noting the difficulties Continue reading “Safety costs of harmonised laws revealed”

Regulatory Impact Statement to be released on 14 September 2011

According to a media release from Senator Chris Evans, the Australian Minister for Workplace Relations,  the Regulatory Impact Statement for the new OHS regulations will be released today, 14 September 2011.  The release is not yet publicly available on-line so the full text is included below:

New health and safety regulations to boost national productivity

“Historic health and safety reforms will deliver up to $2 billion a year in productivity gains Minister for Workplace Relations, Senator Chris Evans said today.

The Regulatory Impact Statement (RIS) for the harmonisation of health and safety regulations released today confirms the economic benefit of a national OHS system and demonstrates that the reforms are on track to be implemented by 1 January 2012.

“The Statement vindicates COAG’s decision in 2008, and the Gillard Government’s determination to pursue OHS harmonisation as a key economic reform,” Senator Evans said. Continue reading “Regulatory Impact Statement to be released on 14 September 2011”

Alarmism and confusion over Australia’s OHS harmonisation process

The Australian Financial Review (AFR) on 13 September 2011 is muddying the waters on objections to Australian harmonised OHS laws.  The Victorian Government would support a delay to the introduction of the laws until, according to previous media reports, the release of the Regulatory Impact Statement (RIS) on the new laws.  The AFR is reporting (not available online without a subscription) that the government

“…will not endorse the regulations until the federal government releases a cost-benefit analysis.”

It is understood that an RIS is not the same as a cost-benefit analysis even though costs and benefits are part of an RIS.

Australia’s Office of Best Practice Regulation (OPBR) states that an RIS has seven (7) key elements:

Individual accountability – the Great Leap Backward (and into a legislative maze)

Col Finnie, formerly WorkSafe Victoria’s Principal Legislation Officer, looks at what the notion of individual accountability might look like if it was incorporated in the Work Health and Safety Bill, all done with his tongue firmly jammed in his cheek

It’s a good thing new perspectives about getting Occupational Health and Safety (OHS) right are tossed around.  We love that sort of thing in OHS-World.  But this sort of stuff, that used to be called “blue sky thinking”, needs the next step: head out of the clouds, feet on the ground and working out whether that ostensibly good idea will actually work, how it will work, and what will be the consequences.  That reality-check can have that ostensibly interesting notion turn into no more than a puff of an idea; I think individual accountability is like that.

It seems that individual accountability is being touted as a contemporary “issue” for OHS.  The context of the tout would appear to be that OHS will be better if everyone takes more direct responsibility for OHS in the workplace, i.e. everyone was more accountable for “how things are done” around a workplace.  And yep, accountability and responsibility are different things, but not by much; clearly ya can’t be held accountable for stuff in the absence of any responsibility for that stuff at all. Continue reading “Individual accountability – the Great Leap Backward (and into a legislative maze)”

Victorian Government may be a hurdle in OHS harmonisation

SafetyAtWorkBlog has been receiving several requests for information about the introduction of the model Work Health and Safety Bill into the Victorian Parliament.  As the new laws have been “modelled” on the recent Victorian Act, some thought the introduction of the Bill could be undertaken early.  Others, for the same “modelling” reason, argued for delay.  On 12 September 2011, Victoria’s Assistant Treasurer, Gordon Rich-Phillips, has spoken in favour of delaying the date for enacting the laws past 1 January 2012.

Rich-Phillips is basing his position of the continuing lack of a regulatory impact statement (RIS) for the laws, a delay that has also caused concerns on various OHS discussion forums over recent months.  His demand to know the “costs and benefits” of the laws is not unreasonable however the RIS is only about the impact of the regulations and not the harmonisation process as a whole. Continue reading “Victorian Government may be a hurdle in OHS harmonisation”

Employer association criticises Australia’s new Work Health and Safety laws

On 9 September 2011 The Australian newspaper reported  that the executive director of the Independent Contractors of Australia, Ken Phillips, had serious concerns over the new Work Heath and Safety laws to be introduced in Australia in 2012.

Phillips has received legal advice that identifies serious shortcomings in the new laws compared to the existing Victorian OHS laws. These include eliminating the right to silence and protection against self-incrimination during incident investigations by OHS regulators.  The article says that the ICA’s analysis

“…shows that the new system would also empower workplace inspectors to seize entire businesses without the oversight of a court, something that is currently not permitted in Victoria.”

It also reports that Phillips fears

“…the scheme would lead to a recurrence of what happened under the former workplace safety system in NSW where “ordinary people were prosecuted even if they had no control over the business”. Continue reading “Employer association criticises Australia’s new Work Health and Safety laws”

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