Page 3945 - Week 09 - Thursday, 25 August 2011
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businesses that disregard the health and safety of their workplace. The industrial manslaughter provisions that are in the Crimes Act remain unchanged.
Another important element of the bill introduces new requirements on officers of corporations who have a safety duty under the act. It requires officers to exercise due diligence to ensure that their organisations comply with their duty. (Extension of time granted.)
This in essence requires all organisations to have an established work safety policy in place and ensure that those policies are being complied with, meaning that workers are safe working for those organisations. The bill balances the need for a rigorous safety regime and the rights of individuals and business.
As members are aware, the government is committed to harmonious workplaces built on good communication and consultation. There is no doubt that when workers and employers cooperate they can achieve safer and more productive workplaces. The bill requires a person conducting a business undertaking to consult with workers as far as is reasonably practicable. This continues one of the most important tenets of what was introduced in our current legislation, the need for ongoing and meaningful consultation of all persons in the workplace.
Importantly, it continues the role of health and safety representatives being the main link between managers and their workers. As is now the case with the Work Safety Act—when appropriately trained—health and safety representatives will be able to take action for the health and safety of those around them by issuing provisional improvement notices. Provisional improvement notices will be required to be confirmed by the regulator to ensure greater accountability and oversight.
The bill continues the role of health and safety committees. We are keen to keen to ensure that there is an appropriate balance between enforcement and the need to work with and assist duty holders to comply with the law. It is not about penalising people. It is about getting the best safety outcome for all and getting workers home at the end of the day.
The bill continues the use of enforceable undertakings to offer flexibility to the regulator to deal with breaches without compromising the health and safety of our workplaces. The provisions enable a person conducting a business or undertaking who is suspected of a breach to enter into an undertaking with the agreement of the regulator. This undertaking is capable of enforcement in court and a breach of an undertaking attracts severe penalties.
This innovation provides a regulator with an additional tool to enforce compliance without the need for costly and time-consuming litigation. As with our current legislation, the bill continues the primary duty to ensure, as far as reasonably practicable, the health and safety of workers. The test of reasonable practicability is important as it places that duty in the context of what a reasonable person could have foreseen as a risk to the health and safety of a worker and it encompasses reasonable action by a person to mitigate that risk.
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