politics – Page 20 – SafetyAtWorkBlog

New South Wales gets a win-win on OHS laws

The Australian Government must be either issuing a sigh of relief or clapping their hands together following the passing of the model OHS laws by the New South Wales (NSW) government last week.

NSW was a belligerent signatory to the agreement for nationally harmonised OHS laws but the laws passed with sufficient tweaking to make the laws compatible with the national model laws. Several days later, on 30 May 2011, everyone is claiming a win. Unions retain some authority to prosecute over OHS breaches, although only “for the third and least serious category of offence”, according to the Australian Financial Review.

Unions NSW secretary Mark Lennon is reported as saying that the NSW upper house of Parliament has protected an important safeguard for workers.

On 27 May 2011 Lennon was bemoaning “that the Industrial Court has lost most of its occupational health and safety jurisdiction” and yet the Industrial Relations Commission will now retain an active OHS role even though it is dealing with lesser OHS offences, similar to the unions’ role above.

Overall the amendments in the NSW Parliament seem to be a face-saving exercise for the left-wing politicians and trade union movement. They were provided with little wins but have given way on the major objections. It is reasonable to describe this as a pragmatic solution given that the March 2011 NSW election effectively removed the union movement’s power base in that State. Continue reading “New South Wales gets a win-win on OHS laws”

TV report into SafeWorkSA’s performance

On 20 May 2010, the Australian Broadcasting Corporation televised a story on the South Australian 7.30 program about the supposedly poor investigative performance of SafeWorkSA. The article was framed by a mother’s grief, the grief of Andrea Madeley over the loss of her son, Daniel.

The story was some weeks coming as the story’s production began around the time the ABC were filming at the Workers’ Memorial service in Adelaide a month ago. The story promised to be a hard-hitting criticism of the State’s OHS regulator but the latest Industrial Relations Minister, Patrick Conlon, handled himself well and what could have provided a provocative national context to the story, the harmonisation of OHS laws, dampened the impact.

Both Yossi Berger and I have written about the findings of Coroner Mark Johns on this blog. Yossi agrees that OHS regulators are almost all too slow to implement control measures to prevent recurrences of injuries and death, I thought the Coroner was poorly informed.

The lasting image of the 7.30 storywas the young boy talking at Adelaide’s memorial about his loss of a relative – the way he kept talking while he sobbed and cried.

All OHS regulators must improve their game in empowering employers and workers to prevent injury and death. Coronial criticisms are unlikely to affect changes in safety management by themselves. Crying boys are also unlikely to affect lasting change, but it is almost a certainty that the harmonisation of OHS laws will change very little.

Kevin Jones

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:

a primary duty of care requiring persons conducting a business or undertaking to, so far as is reasonably practicable, ensure the health and safety of the Continue reading “Queensland’s Work Health Safety Bill in Parliament”

OHS news and content suggestions welcome

Recently, readers have been providing tip-offs to OHS issues that are not being covered by the traditional media. SafetyAtWorkBlog has always inhabited this niche but is looking to expand its story source options.

I am encouraging readers to provide not only news tip-offs but to also suggest safety issues that could form the basis of a SafetyAtWorkBlog article. For instance, do you know of an extraordinary safety person whose story requires a broader audience? Is there a design fault with a safety product that the manufacturer is not attending to? Is the application of a safety law having an unexpected effect at a workplace?

Tip-offs and suggestions can be anonymous but I reserve the right to reject any suggestions that I feel are not suitable for the SafetyAtWorkBlog. The more specific and detailed your information for the article (contact details, photos, reference documents etc.), the higher the priority given.

But don’t forget that if you have the writing bug, you are welcome to send through articles for consideration.

Kevin Jones

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”

Tag: politics

New South Wales gets a win-win on OHS laws

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TV report into SafeWorkSA’s performance

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Australian Government moves to a national workers’ memorial

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Queensland’s Work Health Safety Bill in Parliament

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OHS news and content suggestions welcome

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

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New work health safety laws in NSW parliament

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