[Originally submitted as a comment to a “safety costs” article]
I’ve spent a coupla hours dipping into what looked to me like the important bits of the WHS reg RIS, and I gotta say it don’t add up. I’d also say that the RIS does, in general terms, do what it should do, in terms of making the reasoning processes it uses relatively clear. The merit of the conclusions is up for debate of course, but at least the RIS seems to have made a fair fist of explaining how the conclusions were reached.
For mine there are 2 key flaws.
1. The options to the proposed reg (chapter 4 pg. 19) are just not sufficient. I don’t think it’s at all reasonable to provide 2 “options” which are: do nothing or make the regs. Roger, it might be reasonable to conclude that a big public consultation exercise has happened with the WHS Act, so why revisit a lot of other options? But the fact is the COAG RIS guidelines say a “range of options” should be included, and it’s common practice in RISs to at least have a few genuine alternatives to consider. (See link to the guidelines: ).
The agreement (as it is) by jurisdictions to put the WHS Act into operation doesn’t come with an all-or-nothing conclusion that the WHS regulations is the only option. We have to acknowledge that when it comes to Regulations, we are getting down to tin-tacks when it comes to statutory obligations; it’s that thing about Regulations “giving practical effect to an Act.” That means a big effort is needed to get it right as far as options go. Continue reading “Work Health and Safety Regulation Impact Statement could do better”