Public comment on the Model Regulatory package has now closed. Over 1300 submissions were received, including from unions, employer organisations and individuals. Many organisations and individuals have given permission for their submissions to be made available through the Safe Work Australia website - click here to access these.
The VTHC submission is 96 pages long, a fact which gives some indication of the level of concern we have in not only some general principles, but also the detail in the model regulations and codes. While our concerns centre on changes which we believe will deliver fewer protections to workers and reduce the rights of elected reps, some employer organisations are arguing the model laws will give workers (and their unions) too much power!
For example, the peak industry body Master Builders Australia (MBA) recommends the following two changes to the model regulations in their submission:
- that all duties in the Model Regulations should be subject to the qualifier “so far as is reasonably practicable” as is the case for the duties in the primary legislation; and
- that any concerns by health and safety representatives about risk control measures should be raised through the consultation and issue resolution procedures in the Model Act not separate Model Regulations which are potentially open to abuse for industrial purposes.
The Federal Opposition, in a not-unexpected position, says the proposed regulations that will underpin national workplace safety laws are unworkable. The Opposition supports the proposals but its spokesman on Employment and Workplace Relations, Eric Abetz, says business is worried about the complexity of the regulations.
Safe Work Australia sought to respond to these concerns about model Work Health and Safety Regulations in a media release on April 11. Safe Work Australia Chair, Mr Tom Phillips AM, said the objective of the harmonisation process was not to reduce the size of Work Health and Safety regulation but to ensure uniform safety standards are in place in each jurisdiction throughout Australia. This is consistent with the requirements of the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety. "This exercise is about harmonisation and putting everyone on the same page, it is not rationalisation or reform," said Mr Phillips.
The content of the draft WHS Regulations are based on existing Work Health and Safety Regulations in each of the nine jurisdictions all of which vary in length, detail and matters covered. For national businesses, familiarity with only one set of work health and safety regulations will be easier than needing to know the nine sets that currently exist. For these businesses, thousands of pages of regulations and rules will be replaced by the draft WHS Regulations which are currently approximately 580 pages.
The model WHS Regulations need to ensure effective safety standards and protections for all Australian workers without being overly prescriptive. It is not the number of pages or size that is important, but whether the model WHS Regulations will contain sufficient guidance to duty holders to ensure the health and safety of Australian workers.
The VTHC submission can be downloaded by clicking on the link on the right hand side of this page.
When will the changes come into effect?
The Commonwealth and each state and territory will be required to enact laws that reflect the model work health and safety laws by the end of December 2011. It is expected that all laws will commence on 1 January 2012.
Model Codes of Practice will be developed and implemented at the same time as the model WHS Regulations. However, development and implementation of further model Codes of Practice will continue beyond December 2011. The second stage codes include a code on bullying.