WPS Powerpoint TEMPLATE

1
EMPLOYERS MUTUAL CHANGES AND CHALLENGES
CONFERENCE 2009 29 April 2009
2
NATIONAL and STATE OHS UPDATES Peter Hampton
Director Policy Strategy Bryan
Russell Director Strategic Interventions
NEXT gt
3
NATIONAL OHS DEVELOPMENTS

• There are nine separate OHS jurisdictions
• OHS Acts are generally consistent
• With differences in scope, duties and the detail
  of regulations
• Eight national OHS standards (the basis of state
  regulations) are mostly implemented and cover
  about 80 of the key hazards in the workplace
• The national reform agenda is directed at
  implementing uniform OHS legislation covering OHS
  Act, Regulations and Code

4
THE JULY 2008 IGA

• All jurisdictions to adopt and implement model
  OHS laws uniform OHS Act, regulations and codes
  and consistent enforcement arrangements
• ASCC replacement body (Safe Work Australia) was
  to be established during 2008
• Uniform laws to operate by 31 December 2011

5
SAFE WORK AUSTRALIA (SWA)

• Bill to establish SWA introduced to Commonwealth
  Parliament in September 2008
• Tripartite agency each Government and 2
  employers and two ACTU
• Senate amendments rejected and Bill withdrawn by
  Minister in December 2008
• WRMC reconsidered on 12 February 2009 and agreed
  with Federal Minister to establish SWA as an
  executive agency
• SWA Council commenced in April 2009 and full
  agency in July 2009

6
NATIONAL OHS MODEL LAW REVIEW

• Report One (October 2008)
• General duties of care, duty holders and nature
  of duties
• Nature and structure of offences, including
  defences
• Report Two (January 2009)
• Scope and coverage
• Definitions
• Workplace arrangements
• Enforcement, role of prosecutors
• Permits and licensing
• Role of regulations and codes of practice
• All other matters to be in the model Act

7
NATIONAL OHS MODEL LAW REVIEW

• Both reports now considered by jurisdictions and
  first discussion at WRMC
• Consultation with SWSA Advisory Commitee
• Safe Work Australia April 2009
• WRMC to resolve outstanding issues in mid May
  2009 and refer to SWA
• National OHS Model Act exposure draft
  July/August 2009?
• Model Act agreed by WRMC September 2009?
• Model regulations and codes developed during 2010
• Model act, regulations and codes of practice
  implemented by each jurisdiction 31 December
  2011

8
NATIONAL OHS MODEL LAWS some key policy issues

• Right of entry for OHS consultation
• Union capacity to prosecute
• Health and Safety Representative role and powers
• Workplace Consultation
• Reverse onus of proof for employers
• Tripartism within the system

9
SA OHS UPDATE

• Consultation on OHSW Miscellaneous Amendment Bill
  2009
• Review of OHS Regulations 1995
• First Aid Code of Practice
• Working Hours Code of Practice

10
THE OHSW MISCELLANEOUS AMENDMENT BILL 2009

• Confirmation of inspector authority in mining and
  petroleum workplaces under the OHSW Act
• Reinstatement of the 2005 threshold to allow
  training for health and safety representatives in
  workplaces with 10-19 employees.
• Right of Entry for authorised union
  representatives for OHSW consultations
• Confirmation of procedures addressing ongoing use
  of expiation notices
• Increasing the authority of Industrial
  Magistrates to determine penalties in OHSW cases
  up to a maximum fine of 300,000 from the current
  limit of 150,000
• Consultation period closed Minister to consider

11
REVIEW OF OHSW REGULATIONS 1995

• Aim is to adopt best practice, clear standards,
  simplify compliance and reduce red tape
• Work is well advanced on changes to Parts 1,2
  6 for public comment
• Work underway on Part 5
• Parts 3 4 yet to be assessed, likely to adopt
  national standards codes
• Revised draft of 1, 2 and 6 to be issued for
  public comment in July and likely to be gazetted
  later in 2009.

12
Codes of practice public consultation

• First Aid Code of practice final draft to be
  issued shortly. The closing date for submissions
  30 June 2009.
• Working Hours Code of Practice
• Part of WLB and OHS strategies
• Based on WA model
• Comments by 30 June 2009

13
OCCUPATIONAL HEALTH SAFETY REGULATIONS SOUTH
AUSTRALIANATIONAL STATE DEVELOPMENTS
14
OHS REGULATIONS THE NATIONAL AGENDA

• To develop nationally consistent OHS Regulations.
• What does this mean?
• One set of regulations with national application.
• Recognition that States and Territories may have
  state specific needs.

15
THE NATIONAL PROCESS

• Managed by SafeWork Australia developed by the
  tripartite Strategic Issues Group.
• Strategic Issues Groups charter is to develop a
  regulatory framework to support model OHS Act.
• SA is represented on Strategic Issues Group and
  contributes actively to the process.

16
PROGRESS TO DATE

• Discussion on what must be in?
• General view that existing natational standards
  will form the basis of the regulation
• Noise
• Manual Tasks
• Hazardous Substances
• Plant
• Construction
• Licensing

17
PROGRESS TO DATE (CONT)

• Clarification of what constitutes good
  regulation.
• Development of criteria to assist decision
  making.
• Filter all State/Territory OHS Regulations
  through the criteria to determine regulatory
  approach.

18
WHAT IS STILL TO BE DONE

• Agreement on scope and coverage of regulations.
• Development of drafting instructions.
• Stakeholder consultation and agreement on
  regulatory approach
• Identification of gaps in codes of practice.
• Development of codes of practice.
• Consultation public comment.

19
TIME FRAME

• Regulations to be finalised by end of 2010, early
  2011.
• Allow 8 12 weeks public comment.
• Sign off by SafeWork Australia by mid 2011.
• Gazettal and Parliamentary approval by second
  half 2011.
• Regulations to be promulgated by December 2011.

20
REGULATIONS THE LOCAL SCENE

• Licensing High Risk Work
• New regulations for licensing work involving
  cranes, scaffolding, boilers, forklifts.
• Based on National Standard for Licensing High
  Risk Work.
• Continues existing requirements plus
• Forklifts (self erecting tower crane)
• Link to training sector and RTOs
• 5 year renewable licence
• Photo licence

21
LICENSING HIGH RISK WORK

• To commence September 2009 (subject to
  Parliamentary approval).
• Existing certificates convert to new national
  licence.
• Transition period for conversions.
• Licence applications available through Services
  SA and Australia Post.

22
DANGEROUS SUBSTANCES

• Review and modernisation of DS Legislations
• DS Act
• DS (General) Regulations
• DS (Dangerous Goods Transport) Regulations
• DS (Explosives and Security Sensitive Substances)
  Regulations
• Incorporates Major Hazard Facilities
  requirements.
• Adopts wherever possible national requirements eg
  ADG 7, AEC 3.

23
DANGEROUS SUBSTANCES (CONT)

• Legislative package available for public comment.
• Tabled in spring session of Parliament.
• Adoption in 2010.

24
Look after your workmates www.safework.sa.gov.au