OHS Rights under threat from national model laws

A meeting of Occupational Health and Safety Reps and delegates at Trades Hall has called on the Victorian Government to reject recommendations that
would reduce the rights of Victorian workers.

At the meeting a workplace deaths advocate, an ambulance officer and
manufacturing worker united to warn that the rights of Victorian workers
and their OHS Representatives would be reduced if the full suite of
recommendations for new National Model Laws were introduced.

A Report on proposed National Model Laws governing Occupational Health
and Safety, developed by an independent panel over the past 12 months,
has been handed to the Federal, State and Territory Governments and follows
a 2007 Rudd election committment.


Workplace meetings across Victoria over the last two weeks have been
calling on the Victorian government to reject a number of recommendations
made by the Report. This call was echoed by a meeting of OHS
Representatives today, called by Victoria’s peak union body, the
Victorian Trades Hall Council.

OHS Reps and delegates vote to fight for the highest rights The Report,
released in early February, recommends that employees not be able to talk
to their OHS Representative until an issue becomes a ‘dispute’, a provision
which unions say would just go towards making more disputes on health and
safety matters. It also recommends that any individual worker or employer
would be able to take an OHS Rep to a tribunal for “neglecting their functions”
– a provision unions point out would put greater duties on a voluntary
role than exists anywhere in the developed world.

Unions are also concerned about threats to training rights for OHS
Representatives and the proposed absence of ‘risk management’
(how bad is the problem?) from any future OHS Act, as well as what
important matters might end up relegated to regulations.
“The Panel was asked to do a job. It went beyond its job. We support any
steps by the Victorian government to protect Victorian lives and ensure
we keep the best parts of our current health and safety Act.” said Brian
Boyd, Trades Hall Council Secretary.

Speakers at today's meeting highlighted the impact of the laws on ordinary
working people.

Cathy Butcher, Coordinator of the VTHC OHS Unit, said Victorian workers
had some of the best OHS rights in the country and out lined union efforts
to ensure measures that undermined those rights were not adopted.

It was noted by Marcus Clayton of law firm Slater & Gordon that the OHS
Act in Victoria is an example of "living law" that is used on the shop floor,
which deserved protection.

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