Compromise on work safety laws

Imre Salusinszky and Paul Maley May 18, 2009
Article from: The Australian

NATIONAL workplace safety laws are likely to be a step closer following a
telephone hook-up of state and federal ministers today.
Federal Workplace Relations Minister Julia Gillard is promoting a national
occupational health and safety regime as part of the Rudd Government's push
against red tape, but she is meeting resistance from some states.
NSW has the most draconian OHS regimes in Australia, including imposing an
absolute duty of care on employers to provide a safe workplace and allowing
unions to launch prosecutions.

However, NSW Finance Minister Joe Tripodi yesterday signalled a compromise
on the absolute duty of care that requires employers to prove a workplace is
safe, rather than requiring WorkCover inspectors or unions to prove that it is not.

In essence, the compromise would mean small business operators or company
directors would be less likely to face massive fines, or even jail, under OHS laws.
"NSW's position favours the reverse onus of proof, but we're happy to compromise
to allow the reverse onus not to apply to individuals, and only for corporations
to be prosecuted," Mr Tripodi said.

Queensland and Western Australia have also expressed concerns over the
proposed national laws, sending a scare through businesses that regard state-
based OHS as an obstacle to operating across jurisdictions.

According to the Australian Chamber of Commerce and Industry, Australia's
nine separate OHS jurisdictions feature about 60 legislative instruments, more
than 80 pieces of related regulation and more than 260 approved codes of practice.

Business Council of Australia chief executive Katie Lahey said the unfolding
global recession lent greater urgency to the push for a national OHS model.

"We've had more reviews of this legislation than I've had hot dinners," Ms Lahey
said. "To start again from the beginning now, when businesses need a less
complicated life because of the GFC rather than more complications, just seems
to me a step in completely the wrong direction."

Ms Lahey said any failure to push through reforms on OHS would raise wider
questions about the Rudd Government's ability to deliver on its promise to use
the Council of Australian Governments as an engine of reform.

Unions have mounted an advertising campaign against national laws that
ameliorate aspects of the tough regimes operating in Queensland and NSW
that, alongside reverse onus of proof, feature generous rights of entry by
union officials to workplaces suspected of breaching the laws.

Mr Tripodi said he would today continue to argue for rights of entry and union-
led prosecutions. However, it is understood NSW will not walk away from the
push towards uniformity, with Mr Tripodi keenly aware OHS is a hot-button
issue for businesses seeking to invest in NSW.

Ms Gillard refused to say if she had sought assurances from NSW, Queensland
and Western Australia that they remained committed to a national model.
"All states and territories agreed with the commonwealth at COAG that the
harmonisation of OHS laws is a vital reform," she said.


WCV's: So why is this taking so long Ms Gillard?

Harmonisation of this legislation means fairness to the workers and the employers
but from what we have seen of thiese suggested changes it seems that the
Injured workers of Australia are going to get short shifted again with the
governments protecting non compliant employers!