A meeting of Occupational Health and Safety Reps and delegates at Trades Hall has called on the Victorian Government to reject recommendations that would reduce the rights of Victorian workers. At the meeting a workplace deaths advocate, an ambulance officer and manufacturing worker united to warn that the rights of Victorian workers and their OHS Representatives would be reduced if the full suite of recommendations for new National Model Laws were introduced.
A Report on proposed National Model Laws governing Occupational Health and Safety, developed by an independent panel over the past 12 months, has been handed to the Federal, State and Territory Governments and follows a 2007 Rudd election committment. Workplace meetings across Victoria over the last two weeks have been calling on the Victorian government to reject a number of recommendations made by the Report. This call was echoed by a meeting of OHS Representatives today, called by Victoria’s peak union body, the Victorian Trades Hall Council.
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| OHS Reps and delegates vote to fight for the highest rights |
Unions are also concerned about threats to training rights for OHS Representatives and the proposed absence of ‘risk management’ (how bad is the problem?) from any future OHS Act, as well as what important matters might end up relegated to regulations.
“The Panel was asked to do a job. It went beyond its job. We support any steps by the Victorian government to protect Victorian lives and ensure we keep the best parts of our current health and safety Act.” said Brian Boyd, Trades Hall Council Secretary.
Speakers at today's meeting highlighted the impact of the laws on ordinary working people.
Cathy Butcher, Coordinator of the VTHC OHS Unit, said Victorian workers had some of the best OHS rights in the country and out lined union efforts to ensure measures that undermined those rights were not adopted.
It was noted by Marcus Clayton of law firm Slater & Gordon that the OHS Act in Victoria is an example of "living law" that is used on the shop floor, which deserved protection.
Delegates at the meeting adopted the following resolution.
Resolution from OHS Representatives meeting, Trades Hall 02/04/09
This meeting of OHS Representatives and delegates calls on the Victorian State Government to reject a number of the recommendations made by the Panel for the National Review into Model OHS Laws.
This call is made on the basis, that if implemented:
- Many recommendations would reduce the rights of Victorian workers and OHS Representatives and
- That the recommendations represent a lost opportunity for the improvement of the rights of Victorian workers and OHS Representatives, by inclusion of many other provisions currently in other States’ OHS laws.
Key areas of concern are:
- Rights of workers
- Rights, Protection and powers of OHS Representatives
- Risk Management and
- Tripartism
Other areas of concern include:
- Onus of proof on employers
- Union right to prosecute and
- Right of entry
The Review Panel was asked to do a job. The Panel has gone beyond its job. Its gross mistakes must now be fixed.This meeting endorses Victorian Trades Hall Council to seek further urgent meetings with the Premier and Minister to protect and improve the rights of Victorian workers and OHS Representatives.
We call on the Victorian Brumby government to vigorously pursue its policy that there be no reduction in OHS standards in all forums.
We also commit to an ongoing campaign, to actively involve members at workplaces, lobbying of State and Federal MPs and highlighting through the media the importance of OHS in our workplaces.
Finally we call on the Rudd government to ensure that the directive of COAG that “there be no reduction or compromise in standards” be adhered to.
NATIONAL MODEL LAWS REPORT - SUMMARY OF MAJOR CONCERNS
Health and Safety Representatives:
The Review recommends:
- Functions and duties for HSRs
- Does not include all current Vic HSR rights and powers
- That an employer, an inspector and/or an individual worker may take a HSR to court/tribunal for ‘repeatedly failing to perform their functions or acting unreasonably’ when performing their functions
- Mandatory competency based training for HSR
- Payment for course negotiated between the employer and HSRs
- 'Issue' to be defined and involvement of HSR limited to involvement when there is an 'issue'
- Means that HSR involvement in issue resolution is a significant change to the rights of HSRs. Issue resolution becomes a disputes procedure.
- Would remove HSR from discussions dealing with H&S, removes worker anonymity when reporting hazards
The Victorian OHS Act provides that:
- HSRs have rights and powers, not functions or duties
- Disqualification may occur but employer must establish ‘intent to cause harm'
- A majority of workers can resolve that a HSR no longer represent them
- Training not compulsory, if HSR requests the employer must allow
- HSRs have an entitlement to undertake training approved by the Authority - it is not competency based. HSR is a voluntary role not a 'line position' competencies cannot be set for them. HSRs are elected it is their electorate who determines their 'competence'
- The employer MUST pay costs of attending training
- "Issue" not defined in the Act or Issue Resolution Regulations
Discrimination, victimisation and coercion:
The Review Recommends:
Including protection from discrimination for duty holders and inspectors
- This is troubling. Could an employer allege discrimination against an inspector, HSR or union official??
New definitions:
The Review recommends:
‘Worker’ to include - employees, apprentices, contractor or sub-contractor and their employees, labour hire employees, volunteers, self-employed and any other capacity.
- Significant change for Victoria. Extend current employee duties requiring all workers to report any hazard to their employer
Role and function of inspectors
The Review:
Provisions appear more limiting that current Vic Act and there is a general view that several recommendations will create a lawyer's picnic!!
Risk Management
The Review:
Recommends this duty only be in Regulations
Tripartism
The Review:
Recommends that a Tripartite body be included in the Model Law which WorkSafe does not support.
- Model Law must include a tripartite body as an Object of the Model Law to reflect international standards
Please Note: A version of this Summary of Concerns is available for download below. Please feel free to publicise this in your workplace.
Timeline of National Review into Model OHS Laws
History
- All governments committed to making a model law in 2006
- All governments committed to “ensuring protections are not reduced”
- Part of ALP election policy prior to November 2007 federal election
- A review Panel was established in 2008
- The Review Panel conducted a number of consultations, including the 2008 VTHC OHS Reps Conference
- First report October 2008
- Second report January 2009
Timetable from here
- WRMC meets Friday, 3 April. Reports will be considered
- WRMC expected to endorse report, with some modifications
- Drafting instructions developed by the end of May
- Exposure Draft and RIS by August
- 6 weeks public comment
- Back to WRMC September
- Amendments and final draft
- Target date to have Act by end of 2009
- Technical elements of Regs developed while policy matters determined and developed in parallel with Act.
- Middle of 2011 for final regs
- Model law adopted by the end of 2011.
Policy commitments
-
Federal Government
- “ensuring protections are not reduced” WRMC Communiqué, 29/09/06
- COAG Directive that there be no reduction or compromise in standards
- Victorian Government
- No reduction in OHS standards
-
Union policy
- Approach based on rights of workers to safe and healthy workplace and right to representation (see: Charter 2007)
- Time to deliver the Highest OHS standards
- Every worker must be better off from Model law
- All states have some good laws
- No state has ‘the best’ law
- Employer perspective