Ongoing consultation on new Workplace Health and Safety (WHS) legislation

3 minute read  07.03.2018 Craig Boyle, Rob Humphreys

Ministerial Advisory Panel on Work Health and Safety Reform identify concerns for employers and industry groups.

The consultation process on the draft Work Health and Safety Bill 2014 is continuing in Western Australia. The Ministerial Advisory Panel (MAP) on Work Health and Safety Reform has continued to meet regularly to discuss provisions of the Bill with its members and stakeholders including safety regulators, unions, local government and various industry groups.

The consultation process has highlighted a number of terms of the Bill that are of concern to employers and industry groups, including:

  • Consultation obligations – employer groups are concerned the consultation provisions in Part 5 of the Bill are significantly more onerous and prescriptive than those contained in the Occupational Safety and Health Act 1984 (WA) (OSH Act). The additional consultation requirements will mean significant adjustments to employers' safety management systems to ensure they can demonstrate their consultation obligations are being met. There are concerns this will create a significant administrative burden for employers, as well as creating a culture of compliance rather than focusing on the desired positive outcomes of collaborative consultation.
  • Health and Safety Representatives (HSRs) – concerns have been raised by industry groups in relation to the powers granted to HSRs in Part 5 of the Bill, as well as the administrative obligations imposed in relation to their election and training. In particular, the power granted by s85 of the Bill enabling an HSR to direct a worker to stop work in the event of a serious risk to health and safety is significantly more extensive than any of the powers currently granted to safety and health representatives under the equivalent provisions of the OSH Act. While acknowledging the important role HSRs play in creating and maintaining a safe working culture, employer groups are concerned a misuse of power may result in significant operational disruption.

Employers and industry groups continue to lobby for amendments to be made to the Bill addressing areas of concern such as those set out above. However, the MAP has indicated it intends for departures from the model WHS laws to be kept to a minimum.

The State Government has advised it intends to introduce the Bill to Parliament in mid-2019.

Review of national model WHS laws

In the meantime, public consultation on a review of the national WHS laws will commence in 2018.

Former SafeWork South Australia executive director Marie Boland was appointed as head of the review.

The terms of reference call for an evidence-based review focussing on (among other things):

  • whether the laws are operating as intended;
  • whether any areas of the laws have resulted in unintended consequences;
  • whether the compliance and enforcement provisions, such as penalties and enforceable undertakings are effective and sufficient to deter non-compliance; and
  • how the laws may be improved.

The review will be finalised by the end of 2018. Further information about how individuals, employers and employer groups can get involved is expected to be made available soon.

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https://www.minterellison.com/articles/ongoing-consultation-on-new-whs-legislation