AMENDMENTS to Western Australia’s Occupational Safety and Health Act, which include the new penalty of jail terms for grossly negligent managers, “reflect community expectations”, according to Consumer and Employment Protection Minister John Kobelke.
AMENDMENTS to Western Australia’s Occupational Safety and Health Act, which include the new penalty of jail terms for grossly negligent managers, “reflect community expectations”, according to Consumer and Employment Protection Minister John Kobelke.
Mr Kobelke, who introduced the amendments to Parliament recently, said it was the first time in almost 10 years that maximum fines would be increased in WA.
He said it would move WA in line with other States.
“We must have effective laws to crack down on unsafe practices but employers who do the right thing have nothing to fear from our new legislative changes,” Mr Kobelke said.
“Workplace deaths, injuries and disease bring suffering and stress to workers and their families and that must be addressed and understood by the whole community.”
In 2002-03, Government figures show 18,827 Western Australians were involved in some form of compensable lost time incident at work.
The Government introduced the amendments into Parliament on the Thursday before the Easter Break, adding to speculation that it was trying to distance itself between the implementation of the changes and the next election.
Jackson MacDonald occupational safety and health partner Maria Saraceni said there had been little publicity surrounding the proposed changes.
Ms Saraceni said the increased penalties were not the only concerning part about the changes.
She said the shift of safety as an integral part of the WA Industrial Relations Commission was another worry for business.
Despite the lack of publicity surrounding the changes, WA’s business community has expressed initial concerns.
Both the Chamber of Commerce and Industry and the Chamber of Minerals and Energy are not convinced WA needs such dramatic changes – which include stronger laws as well as more inspectors.
The proposed changes to the WA OSH Act are:
Expansion of the general duties of care, largely to “close the gaps” particularly with respect to the labour hire industry;
Substantial increases in penalties (including imprisonment), particularly for corporations, including provision for imprisonment in cases involving serious harm or death where the breach constitutes gross negligence;
New provisions enabling prosecution action to be taken when offences relate to Government agencies;
More flexible processes for the election of safety and health representatives and the establishment of safety and health committees;
Introduction of the right of appropriately trained and accredited safety and health representatives to issue provisional improvement notices;
The establishment of a safety and health tribunal under the auspices of the WAIRC, to hear appeals and related matters; and
Establishment of a Mining Industry Advisory Committee, to advise and make recommendations to the Minister responsible for the Mines Safety and Inspection Act 1994 and to the Minister responsible for the OSH Act as well as the Commission. This body will replace the existing Mines Occupational Safety and Health Advisory Board established under the Mines Safety and Inspection Act.
