Employers welcome national health and safety regime

Employer groups have welcomed the introduction of a national occupational health and safety regime after state and federal workplace relations ministers finally endorsed a harmonised national framework for OH&S laws.

The new regime, which is expected to be made into legislation later this year, includes some important wins for employers, not the least of which will be a reduction of compliance and administration costs for businesses that work across states.

“Safety is too important an issue to have the rules rewritten in every state. It makes compliance a costly and diverting nightmare,” Australian Industry Group chief executive Heather Ridout says.

“While business will continue to have difficulties with some of the recommendations, we need to move forward on this, and the sooner we see the draft legislation to create a national OH&S system the better.”

Ridout and John Colvin, chief executive of the Australian Institute of Company Directors, welcomed a number of key aspects of the national OH&S regime:

• Provisions that qualify employer duty so that they will be required to do what is “reasonably practicable” to provide a safe workplace. Employers had feared the NSW OH&S laws, which make the duty of care absolute, would be introduced into the national regime.
• A requirement than the prosecution should bear the onus of proof in alleged safety breaches. In NSW, the onus of proof is on the employer.
• Removing the ability for unions to bring prosecutions for breaches under OH&S laws, as is allowed in NSW.
• A system of appeals against a finding of guilt in a prosecution, ultimately up to the High Court. Under NSW’s current laws, no appeals are allowed.

“While we do not necessarily agree with every aspect of it, the model national law moves Australia a long way toward an OH&S system that is fair, balanced and consistent,” Colvin says.

“It will provide greater certainty and protections for directors in a way which does not compromise standards for legitimate safety concerns.”

But not everyone was thrilled with the adoption of the national laws. NSW Workplace Minister Joe Tripodi said he was disappointed that the NSW provisions allowing unions to launch action and putting the onus of proof on employers had been reversed, but welcomed the establishment of a national scheme.

West Australian Treasurer Troy Buswell also claimed the new regime was far weaker than Western Australia’s current laws, and has reserved the state’s right to withdraw from the national framework.

Colvin has urged Buswell not to withdraw.

“If any state opts out it undermines the nationally harmonised system and so reduces the benefits to business of this important reform.”

Related stories:

• Business risks in OH&S reform
• OH&S makes NSW the most dangerous place to employ people