Cth: Differing Views on Work Safety Laws

Tue May 19 2009 05:48 a.m.

Federal Workplace Relations Minister Julia Gillard is promoting a national OH&S regime, but she is meeting resistance from NSW.

According to the Australian Chamber of Commerce and Industry, Australia's nine separate OHS jurisdictions feature about 60 acts, more than 80 regulations and more than 260 approved codes of practice.

In NSW, there exists an absolute duty of care on employers to provide a safe workplace. This means that in the event of an accident, WorkCover or unions do not need to prove that the workplace is unsafe.

In NSW, unions are also able to conduct prosecutions and there are generous rights of entry by union officials to workplaces suspected of breaching the laws

NSW Industrial Relations Minister Joe Tripodi favours a reversal of the onus of proof, meaning WorkCover must prove a breach, but only in relation to corporations, not individual employers.

In effect, this compromise would mean small business operators or company directors would be less likely to face large fines, or even jail, under OHS laws.

However Mr Tripodi said he would continue to argue for rights of entry and union-led prosecutions.

Unions have mounted an advertising campaign against national laws that water down aspects of the tough regime operating in NSW.

However, it is understood NSW will not oppose a national model, since rejecting OHS law reform would send a negative message to potential investors in NSW.

Report by OHS News Reporter Julia Alder - Do you have an OHS News Story - Let us know