Model Workplace Health and Safety Laws
Where to from here?
Model workplace health and safety (WHS) laws are one step closer to becoming a reality following the endorsement of Model Work Health and Safety provisions (Model Act) by the Workplace Relations Ministers’ Council (WRMC) on 11 December 2009.
For industries that operate across multiple jurisdictions, this endorsement represents a positive step. Currently, organisations are required to comply with multiple legislative requirements across up to eight jurisdictions. For business, this can represent inconsistency in compliance requirements, inconsistency in enforcement and duplication and increased compliance cost.
This endorsement followed a six week public consultation process in September 2009 where parties were invited to comment on a draft Model Act. During this process 480 submissions were received, which resulted in a number of amendments to the draft Model Act. The key amendments related to:
- the inclusion of a definition of ‘due diligence’;
- the adoption of the definition of ‘officer’ outlined in the Corporations Act 2001 (Cth); and
- the inclusion of a requirement for duty holders to consult with each other.
It is expected that the introduction of harmonised legislation, supported by a uniform compliance and enforcement framework, represents an opportunity for organisations that operate across multiple jurisdictions to achieve consistency, efficiency, and as a result better WHS outcomes.
The endorsement of the Model Act is the first step. Industry specific regulations, codes of practice and other guidance material are to be developed. Safe Work Australia has indicated that the exposure draft of the Model WHS Regulations, Codes of Practice and Issues Paper will be released for a public comment period from November 2010 – February 2011. This will be the opportunity for organisations (and individuals) involved in relevant industries to provide feedback and comment on what is proposed.
Safe Work Australia has indicated that the Model WHS Regulations package will be provided to the WRMC for approval in June 2011, with the Model Act and Regulations to commence on 1 January 2012.
While organisations and individuals should begin to consider the provisions of the Model Act and how it may impact on their business and obligations, it is also important to keep in mind that relevant current State/Territory health and safety laws will continue to apply and must be complied with until the Model laws comes into effect on 1 January 2012.
In the interim, actions that can be put in place to respond to those changes, include reviewing WHS due diligence and governance processes, Contractor management arrangements; WHS management systems, WHS consultation arrangements, WHS training processes and WHS audit/assurance processes to identify what changes may be necessary to comply with the new obligations.
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Paul Cutrone is a workplace safety partner in the Sydney office of national law firm Sparke Helmore. He acknowledges the assistance of Lawyer Trinity Higgs in preparing this article. |  |
Published: May 2010
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