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ACKNOWLEDGEMENTS We acknowledge the contributions of all the people who participated in the review by making a written submission, by meeting with us or by contacting us informally to talk about workplace health and safety issues. Many representative organisations told us that the consultation period on the Discussion Paper was too short to be able to consult their members and represent their views adequately. Despite this, many responded in detail and we thank you for the consideration and time given to the issues canvassed. Thank you to the Secretary of the Department, Mr Peter Hoult, for discussing aspects of the review with us in his roles as Head of Agency, Chairperson of the WorkCover Tasmania Board, and as the sponsor of the review project. Thank you to David Peters, Deputy Secretary of DIER, for his early involvement in the review before the change of agency. We also thank the WorkCover Board of Tasmania and the Workplace Standards Tasmania management executive as well as inspectors for their useful suggestions. Thanks to Pat Leary, President, and Allan Mahoney, Registrar, of the Tasmanian Industrial Commission for discussing aspects of the review with us. We also wish to acknowledge the work completed by other reviewers of workplace health and safety in recent years in Australia. In conducting this review we have read widely on relevant subjects and acknowledge our sources in footnotes and the bibliography. One text, however, stands out above all the others and we make frequent references to it. This is the Report of the Committee appointed “to review the provision made for the safety and health of persons in the course of their employment” chaired by Lord Robens, 1970-1972 (United Kingdom). Lord Robens’s report, Safety and Health at Work is still, after thirty-four years, surprisingly relevant. Finally, thank you to Myrna Hutchins for taking care of all the documents and correspondence, and assisting with the organisation of the references for this report. Steve J. Hyam, Project Director, & Denise Brown, Senior Review Officer 2
Page 1: DEPARTMENT OF JUSTICE SAFE FROM INJ
Page 5 and 6: ABBREVIATIONS ABS ACCI ACIRRT ACTU
Page 7 and 8: CONTENTS ACKNOWLEDGEMENTS .........
Page 9 and 10: Health.............................
Page 11 and 12: EXECUTIVE SUMMARY This report surve
Page 13 and 14: Achieving vertical and horizontal a
Page 15 and 16: INTRODUCTION Terms of Reference for
Page 17 and 18: 6. Phase II, comprising public cons
Page 19 and 20: Structure of this Report 13. This r
Page 21 and 22: SUMMARY OF RECOMMENDATIONS Recommen
Page 23 and 24: Recommendation 10: If recommendatio
Page 25 and 26: usinesses and the encouragement of
Page 27 and 28: Recommendation 30: To reduce injury
Page 29 and 30: Recommendation 41: It is recommende
Page 31 and 32: 23. Where potential national direct
Page 33 and 34: years [2004-2006]. 4 The trend cont
Page 35 and 36: small to micro businesses thus refl
Page 37 and 38: 42. According to the ABS population
Page 39 and 40: Changed employment arrangements 46.
Page 41 and 42: 54. In Australia, many of those who
Page 43 and 44: low. Conversely, there has been a d
Page 45 and 46: framework that emphasises a direct
Page 47 and 48: ecause they can better balance work
Page 49 and 50: CHAPTER 2 NATIONAL DEVELOPMENTS Rev
Page 51 and 52: 82. In examining the limits of “p
Page 53 and 54:
promoting fairness, consistency and
Page 55 and 56:
consistent with terminology of the
Page 57 and 58:
103. A discussion paper on possible
Page 59 and 60:
amendments”) may increase the “
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as targets for Australian jurisdict
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125. The review team examined the 7
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Fatalities per 100,000 Employees 6
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This compares with what is reported
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fatalities and injuries would be mo
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Robens’s review there were nine m
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Dangerous Goods and the National St
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Three Elements of the Framework 159
Page 77 and 78:
the progress that was made in healt
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173. To support the first tier, Rob
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Safety Case 181. A safety case comp
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identification and control of hazar
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comply with workplace health and sa
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The path of regulatory reform Natio
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209. It does so by establishing a s
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The Commission considers that a sin
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221. “Liability” in the workers
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COAG Regulatory principles 227. The
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first tier of the framework) and th
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from one National Standard to anoth
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een distorted and disrupted by intr
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changed in terms of the need for bu
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Objectives 260. The objective of th
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(d) to provide for consultation and
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270. Unions Tasmania, the peak body
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277. Opposition to self-regulation
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284. The review team does not favou
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Meeting the need for national consi
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to the knowledge of available, prac
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CHAPTER 4 RELATIONSHIP BETWEEN LEGI
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matters, often in such a routine ma
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Training (the agency administering
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Prevailing attitudes 311. The curre
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It is axiomatic that the extent of
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workplace, to bring about improveme
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change: the Committee of Inquiry ch
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compensation (subject to the COAG t
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the important role of the WorkCover
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State government employees and offi
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Prevention Duties, Obligations and
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ut it is difficult to ascertain how
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elieve that “sharing” such proc
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determining who are the accountable
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391. In our scan of labour market c
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control the level of risk of injury
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Act to “transfer the relevant dut
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412. Any corporation and, indeed go
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must be managed, but the mechanisms
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and managerial error; and to includ
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and safety may be affected, such as
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wish to reduce workplace injury, il
Page 163 and 164:
440. This association represents me
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(3) the on-hired employee / contrac
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satisfy themselves that facilities
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Inexperienced employees 464. An iss
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ely on the assumption that the empl
Page 173 and 174:
Clarifying the message 474. Having
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obligations are in certain circumst
Page 177 and 178:
491. For the duty to safeguard heal
Page 179 and 180:
equirements of sub-subsection (c) s
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“proper” information, instructi
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Recommendation 15: It is also recom
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515. Subsections (6) and (7) that d
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Recommendation 19: It is recommende
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CHAPTER 5 SAFE FROM INJURY AND RISK
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and stroke with work-related stress
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elevance in today’s changing work
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Work-related psychosocial hazards a
Page 197 and 198:
548. A common theme of guidance mat
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556. Campbell notes “Australia ap
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fatigue and stress. Transport worke
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emergence or aggravation of psychos
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practices and the impact of work en
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580. The majority of these are haza
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to be an ongoing effort by both the
Page 211 and 212:
592. By mandating a risk management
Page 213 and 214:
the Regs move from the general to t
Page 215 and 216:
Need for experts 606. The prescribe
Page 217 and 218:
employment of less than 20.” A hi
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employees to eliminate risks (e.g.
Page 221 and 222:
and by prescribing standards for tr
Page 223 and 224:
Involvement of workers 59. We have
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What respondents said about ‘invo
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641. Similarly another respondent b
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workplace agreements that have the
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in the legislation, should therefor
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Preventing illness 662. Our terms o
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• for any process involving lead,
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Cardiovascular disease, musculoskel
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680. A report was commissioned by t
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workplace as a setting for health p
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and workplace standards) together t
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conditions, social relationships an
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709. Both Pat Leary and Allan Mahon
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workplace health and safety council
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CHAPTER 6 ADMINISTRATION AND OTHER
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with offences have appropriate dete
Page 255 and 256:
necessary to facilitate the exercis
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737. The latter does not appear to
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744. The chapter on enforcement in
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activities would be categorised as
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issue of an infringement notice, im
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- enable the increase in awareness-
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might operate. Site visits, conduct
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training in workplace health and sa
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779. Such education and training wo
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Director’s powers and functions 7
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792. In the event of largely itiner
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798. Unions Tasmania similarly stat
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Penalties 805. Penalties for workpl
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offences in those instances than ar
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associated with industrial deaths.
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827. We have referred in this repor
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Recommendation 40: We recommend tha
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affected as a result of the work ca
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LIST OF SUBMISSIONS Allianz Associa
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BIBLIOGRAPHY Access Economics 2003,
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--- 2006, Work-related Injuries, Au
Page 297 and 298:
--- 2006, Report on Indicators for
Page 299 and 300:
Brooks, Adrian 1993, Occupational H
Page 301 and 302:
Commission of the European Communit
Page 303 and 304:
--- 2003, Monitoring Working Paper,
Page 305 and 306:
Gunningham, N., 1999, CEO and Super
Page 307 and 308:
2006 from website: http://www.mja.c
Page 309 and 310:
--- 2006, Changing Patterns in the
Page 311 and 312:
Lodge, M. 2001, From Varieties of t
Page 313 and 314:
Miller, P. & Skidmore, P. 2004, Dis
Page 315 and 316:
Polinsky, A., Shavell, S., & Olin,
Page 317 and 318:
SBS Television documentary 2006,
Page 319 and 320:
Walters, D. & Lamm, F. 2003, ‘OHS
Page 321:
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