Transcript Toula Papadopoulos ACCI - Presentation

The Changing WHS
Landscape
Regulatory Reform – At What Cost?
Toula Papadopoulos
Advisor – Work Health, Safety & Compensation
ACCI speaks on behalf of businesses at a national and international level
About us
ACCI is the peak council of Australian business associations
Our member network consists of State/Territory Chambers of
Commerce, national industry associations, bilateral and
multilateral business organisations
ACCI provides leadership for employers in all industry sectors
including large and small business
Currently our key focus is the employer representation and
input on development of the national OHS Model Regulation
Package
Modern Workplace: Safer Workplace 2005 – 2015, ACCI
Blueprint on national OHS reform
ACCI speaks on behalf of businesses at a national and international level
Until now in Australia
Each State and
Territory is responsible
for its own OHS
legislation and
regulation
Different rules make it
hard for businesses
that operate in more
than one jurisdiction
ACCI speaks on behalf of businesses at a national and international level
The changing OHS landscape
A model WHS Act to serve
as a template for each
Australian jurisdiction
Each State and Territory will
now have harmonised
legislation
ACCI speaks on behalf of businesses at a national and international level
The expected benefits
“It’s a 300
page
Government
questionnaire
about cutting
back on
bureaucracy”
ACCI speaks on behalf of businesses at a national and international level
The expected benefits
Businesses that operate across State boundaries
will find compliance easier
Administration and other costs should decrease
Opportunity to review and improve health and
safety outcomes
ACCI speaks on behalf of businesses at a national and international level
The changes
The States currently have different legislation, so the changes
will be different for each of them
Opportunity to make changes that reflect today’s workplace:
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More flexible hours
More diverse work locations
Work from home
Greater use of independent contractors
Changes to labour hire
Duty of care widened to include employees
‘Reasonably practicable’, ‘reasonable care’ and ‘due diligence’
will now pervade the regulations
ACCI speaks on behalf of businesses at a national and international level
The changes - PCBUs
‘Principal duty of care’ is now attached to the ‘PCBU’
(Person Conducting a Business or Undertaking)
The PCBU must ensure the health and safety of workers so far as is
‘reasonably practicable’
The ‘PCBU’ applies to organisations and people who previously
fell outside the primary duty obligations
Responsibility is not only to employees, but also to other workers
The PCBU has a ‘duty of care’
ACCI speaks on behalf of businesses at a national and international level
The changes – Responsibilities
The duty of care is prescribed in the Model WHS Act
Responsibilities will extend to:
 the work environment
 plant and structures
 safe systems of work
 the use/handling/storage/transport of plant/structures/
substances
 access to adequate facilities for the welfare of employees
 provision of relevant information, training, instruction
or supervision
 appropriate monitoring of the workplace and the health
of workers
ACCI speaks on behalf of businesses at a national and international level
The changes – Due diligence
Due diligence involves:
 Up to date knowledge of work health and safety systems
 Understanding of the hazards and risks associated with the
operation of the business
 Ensuring risks associated with those hazards are eliminated or
minimised
 Ensuring timely responses when information is received about
incidents
 Ensuring compliance with the duties and the obligations that
exist under the Act
ACCI speaks on behalf of businesses at a national and international level
The changes -Employees, HSRs
and Unions
The Act prescribes specific duties for employees
Health and Safety representatives (HSRs) have
increased powers
The Act extends union powers
Union officials have right of entry to investigate
suspected OHS contravention
Union officials can provide advice and consult about
health and safety matters with 24 hours notice
ACCI speaks on behalf of businesses at a national and international level
The changes – Consultation
The Act imposes obligations to consult, co-operate
and co-ordinate:
 as far as is reasonably practicable
 with other PCBUs
 with other duty holders – including employees
How this will work, particularly with multiple PCBUs,
requires further clarity
This is new to many operations
Guidelines and advice is required
ACCI speaks on behalf of businesses at a national and international level
Our concerns - general
ACCI is supportive of WHS harmonisation
However:
The timetable is short – not enough time for thorough review and
testing by employees and employers
The regulations are over-engineered so that all industries are
covered. They are cumbersome and lengthy
States remain the OHS regulators. State Courts will deal with
breaches. Therefore there is potential for different
interpretations for compliance and enforcement
ACCI speaks on behalf of businesses at a national and international level
Our concerns - specific
The right of entry accorded to union officials
The proposed level of fines and penalties
The powers given to Health & Safety representatives to
stop work
The reverse onus of proof in discrimination against
complainers
Ambiguity in the application of duties and obligations
with multiple PCBUs (e.g. landlord and tenant,
contractor and sub-contractor…)
ACCI speaks on behalf of businesses at a national and international level
The limitations
ACCI recognises that regulation cannot on its own
achieve improved safety outcomes
The workplace culture must be based around clear,
shared responsibilities…
…and supported by a framework of credible and
applicable laws, regulations, codes of practice and
industry based guidance materials
The framework of laws and regulation must take
account of the different nature and types of business –
size and industry. One size cannot fit all
ACCI speaks on behalf of businesses at a national and international level
Summary
ACCI members support the principle of harmonisation
Industry specific guidance material is important for
industry to fully understand their detailed obligations
Need to avoid pushing guidance material into tougher
enforceable codes
Practical application will be key
We must not lose this opportunity……..
ACCI speaks on behalf of businesses at a national and international level
Thank You
Australian Chamber of Commerce and Industry
www.acci.asn.au
ACCI speaks on behalf of businesses at a national and international level