NATIONAL MODEL LAWS REPORT SUMMARY OF MAJOR CONCERNS

Health and Safety Representatives
The Review recommends:
Functions and duties for HSRs does not include all current Vic
HSR rights and powers that an employer, an inspector and/or an
individual worker may take a HSR to court/tribunal for ‘repeatedly
failing to perform their functions or acting unreasonably’ when
performing their functions.

Mandatory competency based training for HSR.
Payment for course negotiated between the employer and HSRs.
'Issue' to be defined and involvement of HSR limited to involvement
when there is an 'issue' means that HSR involvement in issue
resolution is a significant change to the rights of HSRs.

Issue resolution becomes a disputes procedure.
Would remove HSR from discussions dealing with H&S, removes
worker anonymity when reporting hazards The Victorian OHS
Act provides that:
HSRs have rights and powers, not functions or duties
Disqualification may occur but employer must establish ‘intent
to cause harm' a majority of workers can resolve that a HSR no
longer represent them

Training not compulsory, if HSR requests the employer
must allow.
HSRs have an entitlement to undertake training approved by the
Authority - it is not competency based. HSR is a voluntary role,
not a 'line position', and as such, competencies cannot be set for
them. HSRs are elected and it is their electorate who determines
their 'competence'

The employer MUST pay costs of attending training
"Issue" not defined in the Act or Issue Resolution Regulations
Discrimination, victimisation and coercion
The Review Recommends:
Including protection from discrimination for duty holders and
inspectors this is troubling. Could an employer allege discrimination
against an inspector, HSR or union official??

New definitions.
The Review recommends:
‘Worker’ to include - employees, apprentices, contractor or sub-
contractor and their employees, labour hire employees, volunteers,
self-employed and any other capacity.
Significant change for Victoria. Extend current employee duties
requiring all workers to report any hazard to their employer
Role and function of inspectors
The Review:
Provisions appear more limiting that current Vic Act and there is
a general view that several recommendations will create a lawyer's
picnic!!

Risk Management
The Review:
Recommends this duty only be in Regulations Tripartism
The Review:Recommends that a Tripartite* body be included in
the Model Law which WorkSafe does not support.
Model Law must include a tripartite body as an Object of the Model
Law to reflect international standards
Tripartite is something that involves three parties – in this case
those most directly affected by OHS performance, government,
employers and employees (and their representatives).
www.ohsrep.org.au