Industrial News: December 2009

Occupational Health and Safety (OHS) legislation

The ANF recently made a submission on an exposure draft of model occupational health and safety (OHS) legislation that will apply nationally from 2012. Currently each Australian state and territory has its own OHS laws. The Commonwealth also has legislation mainly covering its own employees.

The release of the exposure draft is the latest step in a process to implement a decision of the Council of Australian Governments (COAG) to harmonise the OHS laws applying across Australia.

The ANF does not oppose harmonisation of the laws in itself, but the early draft of the laws suggests that the highest OHS standards and rights for Australian workers will not be implemented and indeed some existing entitlements will be watered down. The ANF is concerned that some of the proposed provisions of the model Act will not address the main OHS issues of concern to Australian nurses.

Among other issues, the ANF has concerns that:
• The proposed laws will make it easier for employers to avoid consulting with employees and their representatives in relation to OHS issues. We consistently find when investigating OHS matters raised by members that the lack of consultation by employers has often contributed to increased risks such as poor workplace design or a poor choice of equipment. Lack of consultation also means that risks continue to exist and employers fail to eliminate or control those risks.
• The definition of ‘workplace’ does not clearly cover domestic premises where nurses might attend for the purposes of home visits.
• The draft laws do not define the important principle of risk management, which involves identifying hazards, assessing risks, eliminating or controlling risks, and evaluation.
• The draft laws do not clearly extend the employer’s duty to provide a healthy and safe workplace to accommodation provided by an employer to a worker; an issue which is often important to nurses working in remote areas.
• The provisions dealing with health and safety representatives (HSRs) are inadequate. For example, the Act does not clearly specify that the employer must pay the costs of training courses undertaken by HSRs. In addition, the draft laws inappropriately provide that an HSR cannot exercise particular important powers such as issuing improvement notices or directing that work cease in dangerous situations without having been trained. This provision could lead to some employers seeking to delay attendance at training.

Safe Work Australia, the national OHS body, is considering all submissions and will make recommendations to government for a final decision on the contents of the laws later this month. The ANF will continue to work for the best OHS outcomes for nurses.

You can view the ANF and other submissions here.

Andrew McCarthy
ANF Federal Industrial Officer