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Recommendation 35: It is recommended that the agency enter into discussions with relevant education and training bodies to discuss the potential for the inclusion of core OHS education and training in post-secondary courses. The outcome of discussions could become part of a feasibility study for the Minister to determine whether to proceed to the next step – workplace health and safety education and training strategy (see next recommendation). Recommendation 36: It is recommended that representatives of the agency, the WorkCover Board and Workplace Health and Safety Council get together to determine a workplace health and safety education and training strategy to be presented to the Minister for Justice and Workplace Relations and the Minister for Education. Recommendation 37: It is recommended that section 9(2)(a) and (b), and section 14A be further examined in conjunction with section 39. If it is agreed that they substantially duplicate the powers of the Director in s39, it is recommended that s9(2)(a) and (b); and s14A be removed for the purpose of consolidating all the powers and functions of the Director in one place for easy reference and greater clarity. Recommendation 38: It is recommended that the issue of monitoring health, as one means of preventing illness, and keeping records of monitoring conducted, be further considered by the agency in view of changed employment arrangements. Consideration should include how to maintain consolidated records, particularly for persons who are self-employed, on-hired, or working regularly between different states. Recommendation 39: It is recommended that, while Tasmanian penalties should be on a par with other States and Territories, benchmarking should be based on objective criteria. Any increase should be approached with caution. Further consideration should be given to the issue of penalties by the agency, keeping in mind the size of most of Tasmania’s businesses. Recommendation 40: We recommend that the proposed workplace health and safety council consider the issue of codes of practice, and invite the HIA and other interested parties to be involved. 27
Recommendation 41: It is recommended that “public administration” be included within the definition of “industry” in section 3 of the Act. This would remove any doubt as to whether the Act applies to those persons who are employed or engaged for work in public sector agencies, offices, statutory authorities, etc. Recommendation 42: It is recommended that the agency liaise with the Department of Premier and Cabinet and/or Volunteering Tasmania to ensure that there is consistent guidance in regard to the application of the legislative objectives towards volunteers. Recommendation 43: We recommend the removal of Part 4 from the Act. 28
Page 1: DEPARTMENT OF JUSTICE SAFE FROM INJ
Page 4 and 5: Apathy is the greatest single obsta
Page 6 and 7: HMSO HSE ILO MIA MJA MSD NCDS NCSCH
Page 8 and 9: 1. “General Duties”............
Page 10 and 11: DIRECTOR’S POWERS AND FUNCTIONS..
Page 12 and 13: The Robens style legislation is str
Page 14 and 15: The report concludes with reference
Page 16 and 17: a) to sustain a significant, contin
Page 18 and 19: involved in focus group type meetin
Page 20 and 21: 18. Comments and submissions may be
Page 22 and 23: Recommendation 6: It is further rec
Page 24 and 25: employers to provide information &c
Page 26 and 27: could be phrased as a duty of emplo
Page 30 and 31: CHAPTER 1 THE WORLD OF WORK 19. Our
Page 32 and 33: quickened. 1 As a result of reforms
Page 34 and 35: positions as well as encouraging ea
Page 36 and 37: nineties. As individual workforces
Page 38 and 39: Unless production or output is adju
Page 40 and 41: 49. The Australian Bureau of Statis
Page 42 and 43: 57. The World Health Organisation W
Page 44 and 45: concerns as factors contributing to
Page 46 and 47: 66. Collaboration and co-operation
Page 48 and 49: 70. The “new breed” of enterpri
Page 50 and 51: 76. One aspect that is different fr
Page 52 and 53: 87. Union right of entry was establ
Page 54 and 55: Commonwealth: Occupational Health a
Page 56 and 57: 101. NSW introduced provisions allo
Page 58 and 59: codes of practice; as well as recom
Page 60 and 61: National Occupational Health and Sa
Page 62 and 63: implementation processes associated
Page 64 and 65: Incidence rate of compensable fatal
Page 66 and 67: the 8 th CPM Report does not allow
Page 68 and 69: (53.9%), followed by Fractures (10.
Page 70 and 71: CHAPTER 3 WORKPLACE HEALTH AND SAFE
Page 72 and 73: the inspectorates experience diffic
Page 74 and 75: more involvement of workpeople them
Page 76 and 77: usiness that needs to be managed ro
Page 78 and 79:
that if employees are to participat
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care” in fulfilment of the genera
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Preventing major accidents 185. Saf
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oth industry in implementing the du
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199. The discussion of frameworks c
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employers, concluding that national
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213. It is also worth considering h
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218. The Office of the ASCC, althou
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October 2006 on Harmonisation of Wo
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230. It is not clear whether non-st
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238. The question now confronting r
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there are hundreds of pages of pote
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CHAPTER 3 ACCOUNTING FOR CHANGES To
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safety in dealing with dangerous go
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263. Acts for workplace health and
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illness or death is sufficiently cl
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‘Self-regulatory’ or ‘Prescri
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public interest regulatory requirem
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• With different health and safet
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eferred the review team to the COAG
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295. Nevertheless, further reductio
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the message of the legislation is c
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303. A close relationship between t
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eported in 1998) rather than as an
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to “ensure compliance with legisl
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that are features of the NSW and Qu
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This small beginning is commended,
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334. This is sound advice and appli
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343. It is emphasised that the prop
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352. In the establishment and gover
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sections 5, 6 and 7 of the Act in r
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all jurisdictions now we believe),
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makes enterprises more productive.
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take reasonable care for the employ
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providers”; “persons in control
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395. Statutory prevention duties pr
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402. In the investigation of accide
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Social responsibility and sharehold
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persons who exercise management aut
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finding that 88% of accidents arise
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the duty holder and the contractor,
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extent of the duty is not subject t
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On-hired services (on-hired employe
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444. In practice however, such co-o
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Any employer who exercises, or is i
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461. Maxwell articulates this subje
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education or training institution a
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The amendment needs to be drafted s
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“speaks” in this provision, the
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employees, but only if the Director
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Recommendation 12: It is recommende
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Information, instruction, training
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Presentation of the general duties
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or engaged by a contractor, is not
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Obligations set out by the Regulati
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524. The analysis of section 9 iden
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Changing work environment, changing
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What respondents said 534. In the c
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541. This chapter looks at some of
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assaults resulting in injuries or l
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health may be dealt with early and
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access to technology which keeps wo
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568. Health services workers, nursi
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• Social and organisational aspec
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Legislative obligations to identify
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as the most common cause of severe
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Systematic processes 589. The huge
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might have seemed to be a straightf
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the hazard cannot be eliminated (re
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nature of terms such as ‘hazard
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ergonomists and engineers have pred
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where management control is transla
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The recommended workplace health an
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631. Robens therefore recommended t
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their duties. Communication is basi
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Legislation and consultation 645. P
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decision. The decision remains that
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and safety are agreed and documente
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• Mental disorders. 156 665. The
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669. However there are some doubts
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action area of the National Health
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mental disorders. How can the legis
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692. We can expect that there will
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mental disorders, we need to streng
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negotiation between workers and man
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health and safety issues that have
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Employers, principals, contractors,
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approach of the legislation would h
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Inspectorate 724. The Act confers p
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giving the answer or providing the
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Legislated powers to give advice, e
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747. The percentage of proactive in
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754. (See the diagram below - with
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disease at workplaces and the devel
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Small business support 762. The maj
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769. We see value in developing pro
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highlights the importance of traini
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Resources 782. In consideration of
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employees in their employment with
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796. The Construction Forestry Mini
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802. The CBB submission proposes th
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• That penalties should be awarde
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Tasmania’s penalties for an indiv
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safety framework) would seem to mak
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Industry codes of practice 830. The
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838. Section 4 of the Act binds the
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Designated Workplaces 845. The Act
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Barbara Elliot Chris Hinds Leanne W
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Release. Retrieved from DEWR websit
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Australian Government 6 April 2006,
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Bertram, J. 2006, Heads of Workplac
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Centre for Applied Social Research
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Davis, Courtney n.d. Making Compani
Page 304 and 305:
Ford, Sean 2005, ‘Guilty Plea To
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Hall, A., Johnstone, R. & Ridgeway
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House of Commons Hansard Debate 200
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Joy, Jim & Griffiths, Derek 2005, N
Page 312 and 313:
Makin, A.M. & Winder, C. 2006, OHS
Page 314 and 315:
Nielsen, E. 2004, Regulation, Co-re
Page 316 and 317:
Regulation Task Force 2006, Rethink
Page 318 and 319:
Taylor, Chris 2006, ‘High Court D
Page 320 and 321:
WorkSafe Victoria 2004, Summary of
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