acci speaks on behalf of businesses at a national and international level the changing whs landscape...
TRANSCRIPT
![Page 1: ACCI speaks on behalf of businesses at a national and international level The Changing WHS Landscape Regulatory Reform – At What Cost? Toula Papadopoulos](https://reader035.vdocuments.net/reader035/viewer/2022062421/56649c885503460f949408f3/html5/thumbnails/1.jpg)
ACCI speaks on behalf of businesses at a national and international level
The Changing WHS Landscape
Regulatory Reform – At What Cost?
Toula PapadopoulosAdvisor – Work Health, Safety &
Compensation
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ACCI speaks on behalf of businesses at a national and international level
About us
ACCI is the peak council of Australian business associations
Our member network consists of State/Territory Chambers of Commerce, national industry associations, bilateral and multilateral business organisations
ACCI provides leadership for employers in all industry sectors including large and small business
Currently our key focus is the employer representation and input on development of the national OHS Model Regulation Package
Modern Workplace: Safer Workplace 2005 – 2015, ACCI Blueprint on national OHS reform
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ACCI speaks on behalf of businesses at a national and international level
Until now in Australia
Each State and Territory is responsible for its own OHS legislation and regulation
Different rules make it hard for businesses that operate in more than one jurisdiction
ACT
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ACCI speaks on behalf of businesses at a national and international level
The changing OHS landscape
A model WHS Act to serve as a template for each Australian jurisdiction
Each State and Territory will now have harmonised legislation
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ACCI speaks on behalf of businesses at a national and international level
The expected benefits
“It’s a 300 page
Government questionnai
re about cutting back on
bureaucracy”
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ACCI speaks on behalf of businesses at a national and international level
The expected benefits
Businesses that operate across State boundaries will find compliance easier
Administration and other costs should decrease
Opportunity to review and improve health and safety outcomes
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ACCI speaks on behalf of businesses at a national and international level
The changes
Opportunity to make changes that reflect today’s workplace:
Duty of care widened to include employees
‘Reasonably practicable’, ‘reasonable care’ and ‘due diligence’ will now pervade the regulations
The States currently have different legislation, so the changes will be different for each of them
More flexible hours More diverse work locations Work from home Greater use of independent contractors Changes to labour hire
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ACCI speaks on behalf of businesses at a national and international level
The changes - PCBUs
‘Principal duty of care’ is now attached to the ‘PCBU’ (Person Conducting a Business or Undertaking)
The PCBU must ensure the health and safety of workers so far as is ‘reasonably practicable’
The ‘PCBU’ applies to organisations and people who previously fell outside the primary duty obligations
Responsibility is not only to employees, but also to other workers
The PCBU has a ‘duty of care’
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ACCI speaks on behalf of businesses at a national and international level
The changes – ResponsibilitiesThe duty of care is prescribed in the Model WHS Act
Responsibilities will extend to:
the work environment
plant and structures
safe systems of work
the use/handling/storage/transport of plant/structures/ substances
access to adequate facilities for the welfare of employees
provision of relevant information, training, instruction or supervision
appropriate monitoring of the workplace and the health of workers
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ACCI speaks on behalf of businesses at a national and international level
The changes – Due diligence
Due diligence involves:
Up to date knowledge of work health and safety systems
Understanding of the hazards and risks associated with the operation of the business
Ensuring risks associated with those hazards are eliminated or minimised
Ensuring timely responses when information is received about incidents
Ensuring compliance with the duties and the obligations that exist under the Act
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ACCI speaks on behalf of businesses at a national and international level
The changes -Employees, HSRs and Unions
The Act prescribes specific duties for employees
Health and Safety representatives (HSRs) have increased powers
The Act extends union powers
Union officials have right of entry to investigate suspected OHS contravention
Union officials can provide advice and consult about health and safety matters with 24 hours notice
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ACCI speaks on behalf of businesses at a national and international level
The changes – Consultation
How this will work, particularly with multiple PCBUs, requires further clarity
This is new to many operations
Guidelines and advice is required
The Act imposes obligations to consult, co-operate and co-ordinate:
as far as is reasonably practicable
with other PCBUs
with other duty holders – including employees
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ACCI speaks on behalf of businesses at a national and international level
Our concerns - general
ACCI is supportive of WHS harmonisation
However:
The timetable is short – not enough time for thorough review and testing by employees and employers
The regulations are over-engineered so that all industries are covered. They are cumbersome and lengthy
States remain the OHS regulators. State Courts will deal with breaches. Therefore there is potential for different interpretations for compliance and enforcement
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ACCI speaks on behalf of businesses at a national and international level
Our concerns - specific
The right of entry accorded to union officials
The proposed level of fines and penalties
The powers given to Health & Safety representatives to stop work
The reverse onus of proof in discrimination against complainers
Ambiguity in the application of duties and obligations with multiple PCBUs (e.g. landlord and tenant, contractor and sub-contractor…)
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ACCI speaks on behalf of businesses at a national and international level
The limitations
ACCI recognises that regulation cannot on its own achieve improved safety outcomes
The workplace culture must be based around clear, shared responsibilities……and supported by a framework of credible and applicable laws, regulations, codes of practice and industry based guidance materials
The framework of laws and regulation must take account of the different nature and types of business – size and industry. One size cannot fit all
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ACCI speaks on behalf of businesses at a national and international level
Summary
ACCI members support the principle of harmonisation
Industry specific guidance material is important for industry to fully understand their detailed obligations
Need to avoid pushing guidance material into tougher enforceable codes
Practical application will be key
We must not lose this opportunity……..
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ACCI speaks on behalf of businesses at a national and international level
Thank You
Australian Chamber of Commerce and Industry
www.acci.asn.au