OHS Law Harmonisation

The Safety Show updates employers in the wake of harmonisation turmoil

In the wake of NSW’s announcement that it will withdraw from OHS law harmonisation, The Safety Show and Sydney Materials Handling will provide much-needed clarification for employers when they run from October 28 to 28.

NSW premier, Kristina Keneally, says the state will go it alone unless unions retain the right to prosecute employers for work safety breaches and that the onus of proof remains on employers to show they exercised due care.

Ahead of free harmonisation workshops at The Safety Show, lawyer and Norton Rose Partner, Michael Tooma says the premier’s comments highlight the “inherent vulnerability in the model adopted for harmonisation which requires each state and territory to introduce laws consistent with the model”.

“During the leader’s debate in the election campaign, the Prime Minister listed delivering the harmonisation of OHS laws as her greatest political achievement. With Western Australia and New South Wales now opting out of the process for opposite reasons, this ‘mission accomplished’ declaration may seem premature in hindsight.”

“The current regulatory framework adopted for harmonisation is at the mercy of every change of policy direction by a state or territory government as has occurred in this case or indeed a change of government as occurred in Western Australia during the harmonisation process which lead to that state opting out of the reforms. The so called ‘jurisdictional notes’ in the Model Act and the intergovernmental agreement allow a great deal of wiggle room for governments seeking to put their own policy spin on the ‘harmonised laws’.”

The Safety Show’s principal sponsor, WorkCover NSW, will also host workshops on harmonisation during The Safety Show.

The topic will be discussed in more detail at The Safety Conference, to be held by the Safety Institute of Australia concurrently with The Safety Show. Commenting on the NSW’s government’s change of position, conference speaker and general manager – workplace solutions of the NSW Business Chamber, Greg Pattison, said “From my perspective and in relation to The Safety Show, I would hope that today’s events do not turn out to be a fatal blow to the harmonisation process.”

“The two issues which the unions hold dear are also critical for employers as they go to the fairness and credibility of the system.

“I expect there will be a resolution and harmonisation will proceed with NSW as part of the process.  The system will be under scrutiny once it starts in 2012 – employers will be looking to see if it does deliver on the promise.

“The real test will be whether or not the harmonised laws are translated into consistent action across jurisdictions. Will regulators go about their task consistently, will the courts interpret the legislation the same way, and will breaches be treated in broadly the same way and result in comparable penalties?

“If the answers to those questions show unacceptable levels of divergence, it seems almost inevitable the value of harmonisation will come under question and the credibility of the new system will be substantially undermined.”

Aside from the big picture of harmonisation, there will be plenty of opportunities for employers to seek advice on the daily OHS challenges at The Safety Show. The industry-specific OHS issues for construction, manufacturing, health and community services, small business and transport and storage will be addressed in workshops held by WorkCover NSW over the three days of the shows.

The transport and storage sector will have a special focus at Sydney Materials Handling. The show’s dedication to lift, shift and load makes it the natural venue for the National Forklift Championships. The grand final will be held on October 28, when the 2009 champions will defend titles won at Safety In Action. This will be the first time the championships are held at Sydney Materials Handling and a new team event will bring added excitement to the 2010 championships.

Another first is WorkCover NSW’s Hazard a Guess live show based on an interactive eLearning tool aimed at helping young workers to understand their rights and responsibilities. Exciting prizes are up for grabs at The Safety Show, where the Hazard a Guess Live interactive show will make its debut from 3pm to 4pm on Tuesday October 26.

Based in Sydney’s industrial homeland at the Sydney Showground, The Safety Show and Sydney Materials Handling will run during Safe Work Australia Week from October 26 to 28. For more information, visit www.thesafetyshow.com and www.sydmaterialshandling.com.au, email safetyvisitor@aec.net.au or phone Australian Exhibitions & Conferences Pty Ltd on 03 9654 7773.