OHS changes – a national overview

Occupational health and safety legislation is in various stages of review, debate and enactment across Australia.

The New South Wales Occupational Health and Safety Amendment (Workplace Deaths) Bill 2005 was passed on Friday, June 10, while Victoria’s Occupational Health and Safety Act 2004 was enacted on July 1, 2005. In Western Australia, meanwhile, a three-month feasibility study has commenced into the establishment of a new safety authority for the resources and dangerous goods industries.

This article gives a brief overview of activity in various states; however, organisations should seek independent advice about the possible effects or implications.

The NSW Bill amended relevant Acts to make it an offence for a person with a duty of care to engage in reckless conduct that causes death at a workplace, and to provide a right of appeal for anyone convicted under the new law. Although the release of earlier forms of the Bill resulted in widespread comment amongst worker and employer groups, the Minister for Commerce, John Della Bosca, stressed that it was targeted at the minority of employers who did the wrong thing in terms of workplace safety.

To read more about the NSW Bill passed on Friday, June 10 go to: www.cch.com.au

And just one week after the NSW amendments passed through Parliament, Minister for Commerce, John Della Bosca announced a review of that state’s Occupational Health and Safety Act 2000.

The process is a part of the review requirements set out in the Act. A discussion paper is due to be released at the end of June with a public comment period closing on August 19, and a final report to be tabled in the NSW parliament in December, 2005.

Victoria’s new Occupational Health and Safety Act 2004 is the result of a major review of the 1985 Act and, according to WorkSafe Victoria, will deliver long term benefits for the community and business by bringing the state’s workplace safety laws up to date to reflect modern workplaces and arrangements.

The new Act expressly identifies a number of key principles which employers, employees and the WorkSafe authority should apply, including:

• All people should be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances;
• Any person who manages, owns or controls workplaces is responsible for eliminating or reducing those risks so far as practicable;
• Employers and self employed persons should be proactive and take reasonably practicable measures to ensure health and safety;
• Employers and employees should exchange information and ideas about risks to health and safety and the measures that can be taken to eliminate or reduce those risks;
• Employees are entitled and should be encouraged to be represented on health and safety issues.

Most sections of the new Victorian Act came into effect on July 1, 2005. For further information go to: www.workcover.vic.gov.au

In WA, the Mines Safety Improvement Group (MSIG), a tripartite panel appointed in January to advise the state government on a number of matters arising out of the Ministerial Inquiry into Occupational Health and Safety systems and practices of BHP Billiton Iron Ore and Boodarie Iron Sites, has delivered its report to the government.

The 101 page report contains 48 recommendations including a three-month feasibility study into the establishment of a new safety authority for the resources and dangerous goods industries.

The report also calls for a safety case regime to be adopted in the minerals industry. MSIG says safety cases should apply to all mines, regardless of their size, and should incorporate trigger action response plans where appropriate.

A full copy of the MSIG report can be viewed at: www.ministers.wa.gov.au/carpenter/docs/features

This article provides an overview of OHS legislative changes in various states, although with the situation changing on an almost daily basis, readers should seek the most up to date information possible by visiting relevant WorkCover sites via the PAS website resource directory www.permitsystem.com/ResourceDirectory/.