Harmonising Work Health and Safety Laws Drew Wagner Construction Materials Industry Conference

1. Harmonising Work Health and Safety LawsDrew WagnerConstruction Materials Industry Conference

2. Overview • Safe Work Australia • Development of model work health and safety laws • Key provisions of the Model Work Health and Safety (WHS) Act • Model WHS Regulations • Work health and safety in the construction industry • Model Codes of Practice • Implementation • Where to next?

4. Development of model work health and safety laws • Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety(IGA). • Commitment between the Commonwealth, state and territory governments on the harmonisation of work health and safety laws. • Progress is closely monitored by COAG’s Reform Council.

5. Key provisions of the model WHS Act • Persons conducting a business or undertaking • Duties of care - officers, workers and others • Penalties for breaches of duty of care • Consultation duties • Right to cease or refuse unsafe work • Enforcement and compliance • Role of unions

6. Person conducting a business or undertaking

7. Duty of officers

8. Duties of care

9. Penalties for breaches of duty of care Categories based on degree of ‘culpability’ and risk/degree of harm Corporation: $3m Individual as a PCBU or an officer: $600k / 5 years jail Individual e.g. worker: $300k / 5 years jail Category 1 Corporation: $1.5m Individual as a PCBU or an officer:$300k Individual e.g. worker:$150k Category 2 Corporation: $500k Individual as a PCBU or an officer:$100k Individual e.g. worker:$50k Category 3

10. Consultation obligations • Person conducting a business or undertaking must, so far as reasonably practicable: • consult with workers, and • consult, co-operate with and co-ordinate activities with other persons who have a duty in relation to the same matter. • Health and Safety Representatives (HSRs) for work groups • must be established on request from a worker, and • can direct unsafe work to cease and issue provisional improvement notices, but only if trained. • Health and Safety Committees • must be established within two months where requested by HSR, or five or more workers.

11. Right to refuse unsafe work

12. Enforcement and compliance • The enforcement and compliance policy is currently being developed by Safe Work Australia. • Inspectors: - broad powers of entry, and - can issue improvement, prohibition, non-disturbance and infringement notices. • Enforceable undertakings may be entered as an alternative to prosecution.

13. Role of unions • Work health and safety entry permit holder can enter to inquire into suspected breaches, as well as to consult and advise workers, subject to permit and member eligibility requirements, protections and accountability • Aligned with requirements in the Fair Work Act 2009. • No notice for suspected breach. • 24 hours notice to consult, advise or obtain documents.

14. Model WHS Regulations and Codes of Practice • Model WHS Regulations, model Codes of Practice under development. • Policy decisions made by Strategic Issues Group. • Drafting instructions provided to Parliamentary Counsels’ Committee. • Safe Work Australia Members and the Workplace Relations Ministers Council will consider the draft Regulations package, prior to a four month public comment period, which will commence in late 2010.

15. Draft model work health and safety Regulations • Part 1: Preliminary • Part 2: Representation and participation • HSR training • default procedures for issue resolution, and • work health and safety entry permits. • Part 3: General workplace management • work environment • facilities • remote and isolated work • first aid • emergency plans, and • PPE.

16. Draft model work health and safety Regulations • Part 4: Hazardous work • noise • hazardous manual tasks • confined spaces • work at heights • construction, including induction training • electricity • abrasive blasting, and • underwater diving work. • Part 5: Plant and structures • plant, including design verification and registration duties, and • scaffolding.

17. Draft model work health and safety Regulations • Part 6: Hazardous chemicals • Part 7: Major hazard facilities • Part 8: Mines • Part 9: Authorisations • licenses – general, high risk work, asbestos removal, asbestos assessors, demolition, and • registration process - major hazard facilities and plant.

18. Modelwork health and safetyconstruction Regulations • The model WHS construction Regulations are still under development. • The model regulations will be based on the key elements of the National Standard for Construction Work and existing jurisdictional regulations • Improvements being considered include: • Clarification of duty holder responsibilities • More clarity around the control and review of risks in the workplace • Certainty around duty holder requirements in relation to SWMS & Safety Management Plans • Clarity regarding induction training requirements

19. Work health and safety in the construction industry • The were 40 compensated fatalities in construction in the 2008-09, this equates to 18 per cent for all industries. • The construction industry accounts for 11 per cent of the total claims for Australia, this equates to over 40 serious claims per day. • The most common mechanism for injuries in construction was body stressing, while lifting or carrying objects, followed by falls. • In 2008-09 there were eight fatalities resulting from falls in construction, this equates to one third of the Australian total for fatal falls.

20. Model Codes of Practice - Construction • Model Codes of Practice for construction are being developed to support the model WHS Regulations for construction, including demolition and excavation. • These Codes of Practice are being developed in parallel with the model WHS Regulations for construction and will be based on existing Commonwealth and jurisdictional Codes of Practice. • These Codes of Practice will provide further information on how to meet the key elements of the model WHS Regulations for construction. • Additional Codes of Practice and/or guidance material will also be considered to support the model WHS Regulations.

21. Priority model Codes of Practice • managing work health and safety risks • work environment and facilities • prevention of falls • consultation • asbestos – management and removal • hazardous chemicals – safety data sheets and labelling • plant • manual tasks • noise, and • confined spaces.

22. Non-priority model Codes of Practice • construction hazards - precast, tilt-up and concrete elements, excavation, demolition • traffic management • fatigue • first aid • bullying • safe design – plant, structures • diving • abrasive blasting • logging • welding, and • spray painting.

23. Implementation • Commonwealth, state and territory governments have agreed to enact the model WHS Act and model WHS Regulations by December 2011. • Each jurisdiction to adopt the model WHS Regulations. • Local variation in the model provisions only where necessary.

24. Where to next?

25. Further Information Website www.safeworkaustralia.gov.au Email model.legislation@safeworkaustralia.gov.au