06:00 am, Monday 28 November, 2011

The Federal Government has announced a delayed start to the model WHS Regulations, with provisos.

Companies forced to make “significant changes” to comply with national occupational health and safety laws will have an extra 12 months to comply, after Victoria and Western Australia said they would not reach the January 2012 deadline due to delays during the preparation process this year.

Federal Workplace Relations Minister Chris Evans recently announced transitional arrangements for the model WHS Regulations – which have been developed by Safe Work Australia (SWA).

Safe Work Australia will provide transitional assistance.

“The transitional arrangements will apply to the model OHS Regulations and provide delayed commencement of up to 12 months or more where the new laws result in a new or significantly different set of duties,” Senator Evans said in a recent statement.

Employer association Ai Group supports this move. “It is our understanding that each jurisdiction will determine which regulations these transitional arrangements should be applied to and include these provisions in their respective regulations,” Ai Group Chief Executive Heather Ridout said in a recent statement.

Federal Shadow Minister for Employment and Workplace Relations Eric Abetz welcomed the delay in a recent statement. “The Coalition has been calling for a delay on these laws for months. The new laws are set to come into effect on 1 January yet Labor has taken their time in finalising the Model Legislation and Model Regulations – not to mention that the Model Codes of Practice are still out for public comment until 18 December.”

Jessica Fletcher, senior associate Hall & Wilcox, says the mooted delay is not unsurprising given complaints about delays detailing the associated regulation and the decision of Victoria and Western to not introduce the legislation.

“We’re also getting to mid-November with an expected starting date of January 1 and there’s still not been finalisation of the legislation in all jurisdictions, including the federal jurisdiction,” Fletcher said, adding this was unusual because you would expect the Federal Government to be leading the charge on its own reforms.

Federal Workplace Relations Minister Chris Evans has conceded that implementing the harmonised OHS laws by 1 January would be difficult but said that no jurisdiction had withdrawn its commitment to the legislation.

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01:08 pm, Thursday 27 October, 2011

The NSW Government has submitted an Amendment Bill to Parliament that changes the implementation date of the model Work Health and Safety Bill from January 1, 2012 to the ‘date of proclamation’ in that State.

In doing so, NSW follows WA and Victoria in delaying the harmonisation of work health and safety laws.  The NSW Government came to the view that the implementation in NSW of the new national occupational safety and health laws were not attainable on January 1, 2012.

The decision by the NSW Government supports WA’s stance that changes to the State’s already strong work health and safety laws should not be considered until the effectiveness and potential impact of the Federal Government’s proposals (such as on small businesses) has been properly assessed.

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09:29 pm, Sunday 16 October, 2011

New transport industry have been released for public comment.

The scheme covers rail, aviation and maritime industries.

Existing confidential reporting (REPCON) regulations do not cover the rail industry.

The scheme protects the identity of people reporting safety concerns. “In this environment, the reporter may feel more confident about coming forward with safety concerns where they may otherwise be worried about relationships with employers, work colleagues and others in the industry,” according to the Discussion Paper and Explanatory Statement.

Not all safety concerns are covered by the confidential reporting regulations. These include concerns involving a serious and imminent threat to a person’s health or life and criminal conduct.

Under the draft regulations the Australian Transport Safety Bureau (ATSB) will be able to pass on non-reportable concerns to the appropriate authorities.

Also, confidential reporting will not replace mandatory reporting nor is it an arena for dealing with industrial relations.

The public comment period closes on December 16, 2011.

Further consultation is expected to be held in 2012, with the new regulations planned to start in 2013.

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09:55 pm, Tuesday 26 July, 2011

The mining industry’s three-day Occupational Health and Safety conference kicked-off yesterday in the Hunter Valley.

Speaking at the conference, Nikki Williams, Chief Executive of the New South Wales Minerals Council has warned against each Australian state developing its own mining regulations, saying it will put the health and safety of workers at risk.

Under the new national Work Health and Safety Act, each state has developed their own mining OHS regulations, but Williams said the approach does not meet the aims of the federal government to have harmonised safety regulations in the mining industry.

“Safe Work Australia is currently seeking final comments on the ‘core’ mining regulations, but the NSW, Queensland and Western Australian governments are determined to retain some of their unique, existing State mining provisions in what are known as new ‘non-core’ legislation,” she said.

Williams said the Council is concerned that discrepancies and inconsistencies will occur if states are allowed to individually draw up their own OHS models.

“If this process continues unchecked, the prospect of genuine legislative reform that will deliver a world leading mining regulatory framework appears very remote.

“We are deeply disappointed that this has not been resolved and question why the core WHS regulations couldn’t be developed to effectively regulate all mining states.”

The NSW Minerals Council says a national approach on safety in the resources sector would allow the industry to focus on improving its health and safety performance, rather than just compliance.

“The Australian minerals industry has the best safety record in the world and we will keep striving for our target of zero injuries,” Williams said.

“Safety is our number one priority and if we were able to apply it as it was designed, the new Model Act would help us progress more quickly towards our goal of zero harm.”

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10:41 pm, Thursday 21 July, 2011

From January 2013, the way commercial vessel safety in Australia is regulated and operated will change in three ways:

• A proposed Maritime Safety (National Law) Act will apply to operations of the domestic commercial vessel fleet;
• Domestic commercial vessel safety will be regulated under one national law – a National System for Commercial Vessel Safety (National System) will operate in all states and territories;
• The Australian Maritime Safety Authority (AMSA) will become the National Regulator of the National System.

The new laws will replace existing state and territory laws governing commercial vessel safety.

They will also cover domestic commercial vessels that are operated by government (except Defence Force vessels), operated for a commercial purpose, or owned by a corporation or other organisation – regardless of the purpose.

The laws will cover any commercial vessel that can be navigated, such as barges and floating restaurants.

The new laws will also include General Safety Obligations (GSOs). The GSOs will require that the duty holders do all that is reasonably practical to ensure the safety of commercial vessels and of persons on board as well as the safe design and operation of commercial vessels.

Specific GSOs will apply to owners, designers, builders, suppliers, masters and crew of commercial vessels. Passengers will also have GSOs.

The benefits of the proposed National System will be:

• A simplification of maritime safety laws;
• The clear and consistent application of nationally agreed standards across the country;
• Making it easier for seafarers and their vessels to work and move through the nation without barriers;
• A uniform approach to safety requirements.

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08:39 pm, Tuesday 19 July, 2011

Effective as of 26 June 2011, the Dangerous Goods (Explosives) Regulations 2011 replaced the Dangerous Goods (Explosives) Regulations 2000.

WorkSafe Victoria has released a fact sheet outlining the legislative changes.

There is a 12 month transition period that means any activity under the 2000 Regulations will remain lawful for 12 months after the new regulations come into effect.

Licensing of explosives

The new regulations have reduced the number of licences from 15 to 10.

The following three licences will now be processed at Australia Post outlets:

(i) licence to drive a vehicle transporting explosives; (ii) licence to use blasting explosives and (iii) licence to use fireworks.

The licence for transporting explosives has been changed to one licence per vehicle (as opposed to one licence per company).

Sale of explosives

Under the new regulations, people selling explosives may only sell to someone who holds a relevant explosives licence. The seller must also ensure the buyer can transport the explosives in accordance with the regulations. These requirements do not apply to the sale of:

• distress signals in a consumer package, cartridge ammunition, consumer fireworks or industrial safety cartridges; and

• propellant or primers to a person who holds a firearms licence.

There are some additional record keeping requirements for people who sell explosives. This is to improve the tracking of the movement of explosives for security purposes and is consistent with the approach in other jurisdictions.

The requirement will not apply to the sale of cartridge ammunition, consumer fireworks, industrial safety cartridges or distress signals in a consumer package.

Using explosives

Blast management plans are now mandatory rather than just recommended for all people with a licence to use blast explosives. This reflects requirements in line with Australian standards.

To help licence holders meet this obligation, new guidance on blast management plans and safe blasting distances is available at worksafe.vic.gov.au/explosives.

Notification of fireworks display

Notice of outdoor fireworks displays must be given to WorkSafe, the relevant fire authority and local council. The minimum period remains at seven days prior to the display. The council may have additional requirements concerning the notification period.

The notification requirement now includes indoor displays (including theatrical displays), to increase public safety at these events.

Importing explosives

Under the new regulations, the limit to the amount of safety cartridges a person can import into Victoria for their own use without an import licence has been removed. However, the importer must hold a firearms licence and comply with transport and storage requirements set out in the regulations.

Storage of explosives

There is a new requirement for pyrotechnicians in relation to the temporary storage of fireworks.

Quantities of fireworks which would normally require a storage licence can be temporarily stored by licensed pyrotechnicians outside of licensed storage locations for up to seven days. The temporary store must meet the safety and quantity threshold requirements associated with a medium scale storage facility (although a medium scale storage licence is not required). WorkSafe must be notified of the location of the temporary storage through submitting the ‘Notification of Intention to discharge Fireworks’ form.

Manufacturing of explosives

The requirement to develop a safety management system (SMS) has been broadened to all manufacturers of explosives, but does not include:

• a firearms licence holder who is only manufacturing cartridge ammunition for his or her own use;

• a holder of a licence to use blasting explosives that authorises the licensee to use ammonium nitrate and fuel oil (ANFO), a common explosive mixture, provided the licensee makes no more than 50 kilograms of ANFO at a time for his or her own use; and

• a manufacturer using a mobile manufacturing unit if the worksite on which they are manufacturing has its own SMS.

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08:06 pm, Friday 15 July, 2011

Today, Safe Work Australia released model safety and health mining industry.

The draft legislation is open to public comment.

The safety watchdog, in conjunction with the National Mine Safety Framework (NMSF), have released draft model Work Health and Safety Regulations, model Codes of Practice and an Issues Paper. The NMSF is an initiative of the Ministerial Council on Mineral and Petroleum Resources, which hopes to establish a nationally consistent health and safety regime in the mining industry.

The mining sector is a high-risk industry responsible for 2 percent of all major worker’s compensation claims and some of the highest injury and fatality rates nationwide.

According to Safe Work Australia, that statistic represents seven employees per day requiring one or more week off work because of work-related injury or disease.

According to Safe Work Australia Chair Tom Phillips, “Regulatory reform is particularly important to the mining industry, where the incidence rate of work-related injuries and fatalities is one of the highest of all Australian industries, with 2,395 worker’s compensation claims in 2008-09.”

The industry employed 168,800 people in 2008–09, representing 2 percent of the entire Australian workforce.

“These statistics demonstrate the importance of all work health and safety professionals and other stakeholders taking the opportunity to have their say in the public comment process. This will ensure that businesses and workers can understand these laws and they are effective in improving work health and safety outcomes,” said Phillips.

“Model work health and safety laws will ensure organizations can comply with one set of laws, regardless of the number of states or territories in which they operate. This will ease the burden on business owners operating across the country. The public comment period is a good opportunity for businesses, industry, and workers to express their opinions on key aspects of the mining industry.”

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11:31 am, Thursday 7 July, 2011

The federal Government introduced the Commonwealth Work Health and Safety (WHS) Bill into parliament’s lower house last week.

Once the Commonwealth Bill passes federal parliament it will form part of the nationally harmonised occupational health and safety laws.

The introduction of the Commonwealth WHS Bill follows the introduction and passing of WHS Bills in other states and territories.

Queensland and NSW have passed harmonised laws to be effective from January 1, 2012 and legislation is before the South Australian and ACT parliaments.

All other jurisdictions are expected to follow suit before the end of the year after a deal was brokered by the federal government with all the states and territories.

The draft laws to make occupational health and safety laws uniform across Australia have been welcomed by industry and given cautious support by the opposition.

The new framework will replace nine different Acts and more than 400 pieces of OH&S regulation and will apply to members of the Australian Defence Force.

The laws will also impose tougher penalties, including fines of up to $3 million.

Workplace Relations Minister Chris Evans said the new laws would provide wider coverage to employees, contractors and their employees, sub-contractors, labour hire workers, apprentices and volunteers.

“These reforms are vitally important for the safety of employees in an increasingly mobile labour force.”

Opposition workplace relations spokesman Eric Abetz offered cautious support for the bill.

“We support, in broad terms, the harmonisation of occupational health and safety laws and indeed it was the former Howard government that started the ball rolling.”

The opposition would look more closely at the legislation when it was examined by an upper house committee, Senator Abetz said.

Australian Industry Group chief executive Heather Ridout welcomed the introduction of the federal legislation.

“Harmonisation presents the best opportunity Australia has had for decades to overcome the frustration and complexity of nine different OHS legal systems and standards,” Ms Ridout said.

Master Builders chief executive Wilhelm Harnisch urged the Senate to support the legislation, saying it was important the objectives of harmonisation were not undermined by changes at a federal level.

“Amendments to give unions the right of prosecution or to introduce industrial manslaughter offences, which were considered and rejected by the expert review panel whose work is guiding the harmonisation process, must not be approved by the Senate,” he said.

The Commonwealth Bill applies to the Commonwealth jurisdiction only, covering businesses and undertakings conducted by the Commonwealth, public authorities and, for a transitional period, non-Commonwealth licensees, such as Optus and John Holland.

Meanwhile, the Workplace Relations Ministers Council is scheduled to meet shortly to approve the model WHS Regulations.

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09:25 pm, Tuesday 28 June, 2011

On 23 June 2011, the ACT Minister for Industrial Relations introduced the Work Health and Safety Bill 2011 into the ACT’s Legislative Assembly.

The proposed legislation would totally replace the Work Safety Act 2008 with effect from 1 January 2012.

The Bill has been developed under the Inter- Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety to underpin the new harmonised work health and safety (WHS) framework in Australia. The harmonisation of work health and safety laws is part of the Council of Australian Governments’ National Reform Agenda.

The objects of harmonising WHS laws through a model framework are:

 to protect the health and safety of workers;  to improve safety outcomes in workplaces;  to reduce compliance costs for business; and  to improve efficiency for regulatory agencies.

It is expected that proposed Regulations and Codes of Practice will be finalised later this year.

The Bill and the accompanying Explanatory Statement is available at the following link:

http://www.legislation.act.gov.au/…

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12:10 am, Tuesday 14 June, 2011

There were 67 cases before the Industrial Relations Commission when the Coalition’s workplace reforms passed parliament in May.

Those companies had been charged under Labor’s former occupational health and safety laws, where employers are deemed guilty until proven innocent if a worker suffers a workplace injury.

However, Finance Minister Greg Pearce does not support a retrospective application of the new laws.

In any event, a retrospective application may be difficult to achieve given Mr O’Farrell’s reforms were watered down in the upper house by the Shooters and the Christian Democrats.

Mr Pearce warned that funding promised by the federal government if the state passed harmonised OH&S laws had been put at risk by the upper house.

Mr Pearce blamed former union heavy and Labor leader John Robertson for the weakened legislation.

“The amendments that have enabled the unions to retain the right to prosecute is out of step with the harmonised legislation and could impact the promised $144 million in federal government grants for harmonising occupational health and safety laws,” Mr Pearce said.

“John Robertson should be held to account. NSW is now the only state whereby unions retain the right to prosecute.”

However, the unions can no longer claim a 50 per cent refund for prosecuting employers on behalf of their members.

Malcolm Davis, an expert in workplace law who represents the city’s biggest employers, said it would be difficult to postpone current cases because they were prosecuted under the previous legislation.

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