ACCI speaks on behalf of businesses at a national and international level

The Changing WHS Landscape

Regulatory Reform – At What Cost?

Toula PapadopoulosAdvisor – 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

ACT

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 questionnai

re 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

Opportunity to make changes that reflect today’s workplace:

Duty of care widened to include employees

‘Reasonably practicable’, ‘reasonable care’ and ‘due diligence’ will now pervade the regulations

The States currently have different legislation, so the changes will be different for each of them

More flexible hours More diverse work locations Work from home Greater use of independent contractors Changes to labour hire

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 – ResponsibilitiesThe 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

How this will work, particularly with multiple PCBUs, requires further clarity

This is new to many operations

Guidelines and advice is required

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

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