Who does this affect?

All Corporations.

What do you need to do?

You will need to consider the implications of the proposed changes to OH&S laws for your business nationally.

Author
Andrew Gray  
Partner
Andrew Gray  
Partner
T +61 2 9296 2404

Sydney
Mark Darian-Smith  

Melbourne
Murray Kellock  

Perth
Sarah Harrison  
Robert Lilburne  

Canberra
Ian Johnson  

07 April 2008

First Step Towards National Occupational Health and Safety Laws - 7 April 2008

The Federal Government commenced its national review into harmonising Occupational Health and Safety (OHS) Laws on Friday 4 April 2008.

The purpose of the review is to make recommendations on the optimal structure and content of model OHS legislation which could be adopted in each State and Territory. The Government believes that harmonising OHS laws in this way will “cut red tape, boost business efficiency and provide greater certainty and protections for all workplace parties”.

The Government has established a panel to conduct this review which will report its findings and recommendations to the Workplace Relations Ministers Council.

The review will be conducted in two stages.

Stage one will make recommendations on the content of a model OHS Act in the following areas:

  • duties of care, including the identification of duty holders and the scope and limits of duties, and
  • the nature and structure of offences, including defences.

These are priority matters for the review. Recommendations on these matters will be made by 31 October 2008.

Stage two will make recommendations on the content of a model OHS Act in the following areas:

  • scope and coverage, including definitions
  • workplace based consultation, participation and representation provisions, including the appointment, powers and functions of health and safety representatives and/or committees
  • enforcement and compliance, including the role and powers of OHS inspectors, and the application of enforcement tools including codes of practice
  • regulation making powers and administrative processes, including mechanisms for improving cross-jurisdictional cooperation and dispute resolution
  • permits and licensing arrangements for high risk work and the use of certain plant and hazardous substances
  • the role of OHS regulatory agencies in providing education, advice and assistance to duty holders, and
  • other matters the review panel identifies as being important to health and safety that should be addressed in a model OHS Act.

The recommendations from stage 2 will be made by 30 January 2009.

The review panel plans to commence gathering information, researching and consulting with key stakeholders during April/May 2008. An issues paper will be published in May 2008 and submissions will be called for at this time.

Our national OHS team is well placed to assist you with developments in this area and would be pleased to work with you to prepare submissions to the panel during the review process. We will keep you informed of developments in this area through regular updates.