
Issue No 56		02 June 2000

LaborNET	Ask Neale	Tool of the Week

News

New Safety Laws A First in Australia

By Mary Yaager

The NSW Government today passed safety laws that make it compulsory for employers to consult with employees over safety, setting a new benchmark for occupational health and safety.

In future employers will be required to consult with employees to enable those employees to contribute to decisions about their health, safety and welfare. Employers who fail to consult with employees will face hefty fines of up to $55,000.

This is pathbreaking legislation and a first of its kind in Australia.

The changes to the Occupational Health and Safety Act have come about as a result of the recommendations of a Parliamentary Inquiry into Workplace Safety. The unions put forward a submission to this Inquiry and were delighted to see that the majority of their recommendations were included in the final report. It was this report that provided the blue print for modernisation of the new Act.

The Minister for Industrial Relations, The Hon Jeff Shaw, stated: "The entire Occupational Health and Safety Act has been re-written in plain English and brought in line with modern occupational health and safety practices and designed to identify and eliminate risks and take into account the changing face of the workplace.

Jeff Shaw quote further "that the Government is dedicated to cutting the workplace death and injury toll. Approximately one worker is killed every two days in NSW and 58,000 are injured at an annual cost of nearly $1 billion.

The Government is also working towards modernising the existing regulations that underpin the new Act, to ensure they cover newly evolved workplaces such as call centres.

The new Act also provides for:

� More flexible consultative arrangements such as workplace occupational health and safety representatives who are elected by employees.

� Up to two years imprisonment for employers who blatantly disregard health and safety laws.

� Giving the court authority to order offenders to publicise their offence or to undertake projects to improve work safety.

� Giving victims or their families the opportunities to present victim impact statements.

� Power of the Industrial Commission as well as the Local Court to imprison offenders.

� Bringing the Industrial Commission in line with criminal jurisdictions by the adoption of sentencing guidelines.

� Clarification of the responsible Government agency for the purposes of prosecution.

The unions welcome the new legislation and congratulate the Minister on the initiative.

Keith McGukken, OHS Officer with the TWU, said the new legislation is a real breakthrough, as the majority of problems he currently encounters revolve around employers not wanting to consult with workers in relation to safety and he has to call on WorkCover on almost every occasion to get employers to discuss these issues.

Gerry Ayres, OHS Officer with the CFMEU, said that while his union welcomes the new changes he believes that they haven't' gone far enough and the Government should give OHS workplace representatives powers to issue Improvement Notices and Stop Work Notices.

Trish Butrej, OHS Officer with NSW Nurses' Association, looks forward to the new general duty to consult with employees about health and safety provisions. Also the greater number of mechanisms available will make it easy for Nurses, given the huge variety of work arrangements for Nurses, ranging from large hospitals to small community nursing services. Trish further stated that the ability for the judges to make community service orders is a positive step and gives benefit back to the community and workers.

Labor Council will be conducting a number of briefings on the changes to the Occupational Health and Safety Act for unions and their delegates. For further details about these briefings, please contact Mary Yaager - or watch this space.

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Issue 56 contents

Interview: When the War is Over
Teachers Federation chief Sue Simpson has just come through the industrial dispute of a lifetime. But where to now for her members?

Politics: The Beazley Manifesto
Read the full transcript of Kim Beazley's Fraser Lecture develiered this week, where he unveiled Labor's new industrial relations platform.

Unions: Dudded on the Dock of the Bay
Until a few weeks ago Allan and Beverley Crelley had never ever heard of SERCO the big London multinational that specialises in winning contracts from governments committed to outsourcing their workers.

History: The Long March for Justice
Against the backdrop of the Walk for Reconciliation across the Sydney Harbour Bridge that took place last Sunday, it is worthwhile recognising that trade unionists were actively promoting the issue decades ago.

International: UK Unions Turn the Corner
Union membership is on the rise for the first time in 20 years, indicating an early response to union recognition legislation set to come into effect next month.

Work/Time/Life: Flexible Clerks Save Hours
The Australian Services Union has successfully blocked an attempt by wholesaler Davids Limited to force clerical staff at the company's Blacktown office from flexible working hours to a standard 38 hour week.

Review: Who Really Won the War?
It might be being pulped for a reference to serial-suitor Peter Costello, but 'Waterfront' has sparked some lively debate about our recent industrial history.

Satire: Gosper's New Torch Role
A week after he was excluded from the Olympic torch relay as a result of public criticism, Kevan Gosper has been reinstated by SOCOG President Michael Knight for a special project.

» Long Service Leave Push for Short-Term Workers

» Carr Asked to Act on Fiji Crisis

» Major Blow to Government Outsourcing

» Beazley Blocks Contracts as Reith Hits New Wall

» Carr Makes Formal Offer on Olympics Pay

» Surfing Carnivals Highlights Beach Threat

» Mail Stopped Over Junk Deal

» CBA Staff To Strike Over Queues and Abuse

» Women's Bureau to Stay in DIR

» Joy's Winter of Discontent

» Advocate Pushes Pattern Bargaining

» Nike Versus The Workers

» New Safety Laws A First in Australia

» Workers March for Reconciliation

» Labour Movement Mourns Loss of Neil Marshall (11th June 1943 - 31st May 2000)