View the report - Tasmanian Department of Justice

More documents

Recommendations

Info

57. The World Health Organisation World Health Report 2001 – Mental Health: New Understanding, New Hope cites widespread social, technological and economic changes in the late twentieth century as stressors associated with the global increase in mental disorders representing four out of ten of leading causes of disability world-wide. 23 Clinical practitioners have reported increasing stress- and mental illness-related morbidity and mortality as features “characterising societies in distress and undergoing dramatic change”. 24 Decline in unionism 58. The period from the late 1980s to the present has seen a steady decline in union membership in Australia and other OECD countries with economies similar to Australia’s. The ABS feature article on trade union membership links the decline in unionism with labour market changes that have occurred within the same period: In part, the decline in trade union membership in Australia is due to changes in the composition of the labour market, with job growth tending to occur in industries (particularly in the services sector) where the trade union membership rate has always been relatively longitudinal Whitehall II cohort study of 10308 British Civil Servants commissioned by the Health and Safety Executive (HSE), United Kingdom. Listed as CRR 422/2002 Ill-Health - Work environment, alcohol consumption and ill-health: The Whitehall II study. Retrieved July 2006 from website: http://www.hse.gov.uk/research/crr_htm/2002/crr02422.htm. 23 World Health Organisation (WHO) (2001) The World Health Report 2001 – Mental Health: New Understanding, New Hope, World Health Organisation, Geneva: Chapter 1 “A public health approach to mental health”, p. 3. Retrieved June 2006 from website: http://www.who.int/whr/2001/en/. 24 Rutz, Wolfgang (2003)“The European WHO mental health programme and the World Health Report 2001: input and implications”. The British Journal of Psychiatry 183: 73-74. The Royal College of Psychiatrists. (http://bjp.rcpsych.org/cgi/content/full/183). 41
low. Conversely, there has been a decline in jobs in industries that were traditionally highly unionised, such as mining and manufacturing. Coinciding with these changes has been an increase in casual and part-time employment, both of which have tended to have lower unionisation rates. While compositional change in the Australian labour market has contributed to some of the decline, the trade union membership rate has also fallen within individual industries and occupations, and within full-time and parttime employment groups. This general decline in trade union membership rates may reflect the substantial changes to the industrial relations environment in recent times. … … In 2003, the trade union membership rate was higher for employees with leave entitlements (29%) and fulltime employees (26%) than for employees without leave entitlements (9%) and part-time employees (17%). 25 59. There is divided opinion on the role and relevance of unions in workplace health and safety. Unions have played a major part in providing training, advice and assistance in workplace health and safety issues in the past, but some unions have also been accused of exploiting workplace health and safety as a means to advance other, industrial or political, agendas. 26 60. Dr Steven McBride, Professor and Director of the Centre for Global Political Economy, Simon Fraser University in British Columbia, working as an Honorary Research Fellow at Monash University (Victoria, Australia), identifies the decline in unionisation of workplaces and restrictions on unions’ ability to represent workers’ 25 Australian Bureau of Statistics (2004) Australian Labour Market Statistics, Cat. No. 6105.0 Feature Article – Trade Union Membership, Commonwealth of Australia, Canberra. (http://www.abs.gov.au/ausstats/abs@.nsf/0/592d2f759d9d38a9ca256ec1000766f7?OpenDo cument). 26 Cole, T.R.H. QC, Commissioner, (2003) Final Report of the Inquiry into the Building and Construction Industry, Vol.6 “Reform – Occupational Health and Safety”. 42
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 28 and 29: Recommendation 35: It is recommende
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 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
Page 80 and 81: care” in fulfilment of the genera
Page 82 and 83: Preventing major accidents 185. Saf
Page 84 and 85: oth industry in implementing the du
Page 86 and 87: 199. The discussion of frameworks c
Page 88 and 89: employers, concluding that national
Page 90 and 91: 213. It is also worth considering h
Page 92 and 93:
218. The Office of the ASCC, althou
Page 94 and 95:
October 2006 on Harmonisation of Wo
Page 96 and 97:
230. It is not clear whether non-st
Page 98 and 99:
238. The question now confronting r
Page 100 and 101:
there are hundreds of pages of pote
Page 102 and 103:
CHAPTER 3 ACCOUNTING FOR CHANGES To
Page 104 and 105:
safety in dealing with dangerous go
Page 106 and 107:
263. Acts for workplace health and
Page 108 and 109:
illness or death is sufficiently cl
Page 110 and 111:
‘Self-regulatory’ or ‘Prescri
Page 112 and 113:
public interest regulatory requirem
Page 114 and 115:
• With different health and safet
Page 116 and 117:
eferred the review team to the COAG
Page 118 and 119:
295. Nevertheless, further reductio
Page 120 and 121:
the message of the legislation is c
Page 122 and 123:
303. A close relationship between t
Page 124 and 125:
eported in 1998) rather than as an
Page 126 and 127:
to “ensure compliance with legisl
Page 128 and 129:
that are features of the NSW and Qu
Page 130 and 131:
This small beginning is commended,
Page 132 and 133:
334. This is sound advice and appli
Page 134 and 135:
343. It is emphasised that the prop
Page 136 and 137:
352. In the establishment and gover
Page 138 and 139:
sections 5, 6 and 7 of the Act in r
Page 140 and 141:
all jurisdictions now we believe),
Page 142 and 143:
makes enterprises more productive.
Page 144 and 145:
take reasonable care for the employ
Page 146 and 147:
providers”; “persons in control
Page 148 and 149:
395. Statutory prevention duties pr
Page 150 and 151:
402. In the investigation of accide
Page 152 and 153:
Social responsibility and sharehold
Page 154 and 155:
persons who exercise management aut
Page 156 and 157:
finding that 88% of accidents arise
Page 158 and 159:
the duty holder and the contractor,
Page 160 and 161:
extent of the duty is not subject t
Page 162 and 163:
On-hired services (on-hired employe
Page 164 and 165:
444. In practice however, such co-o
Page 166 and 167:
Any employer who exercises, or is i
Page 168 and 169:
461. Maxwell articulates this subje
Page 170 and 171:
education or training institution a
Page 172 and 173:
The amendment needs to be drafted s
Page 174 and 175:
“speaks” in this provision, the
Page 176 and 177:
employees, but only if the Director
Page 178 and 179:
Recommendation 12: It is recommende
Page 180 and 181:
Information, instruction, training
Page 182 and 183:
Presentation of the general duties
Page 184 and 185:
or engaged by a contractor, is not
Page 186 and 187:
Obligations set out by the Regulati
Page 188 and 189:
524. The analysis of section 9 iden
Page 190 and 191:
Changing work environment, changing
Page 192 and 193:
What respondents said 534. In the c
Page 194 and 195:
541. This chapter looks at some of
Page 196 and 197:
assaults resulting in injuries or l
Page 198 and 199:
health may be dealt with early and
Page 200 and 201:
access to technology which keeps wo
Page 202 and 203:
568. Health services workers, nursi
Page 204 and 205:
• Social and organisational aspec
Page 206 and 207:
Legislative obligations to identify
Page 208 and 209:
as the most common cause of severe
Page 210 and 211:
Systematic processes 589. The huge
Page 212 and 213:
might have seemed to be a straightf
Page 214 and 215:
the hazard cannot be eliminated (re
Page 216 and 217:
nature of terms such as ‘hazard
Page 218 and 219:
ergonomists and engineers have pred
Page 220 and 221:
where management control is transla
Page 222 and 223:
The recommended workplace health an
Page 224 and 225:
631. Robens therefore recommended t
Page 226 and 227:
their duties. Communication is basi
Page 228 and 229:
Legislation and consultation 645. P
Page 230 and 231:
decision. The decision remains that
Page 232 and 233:
and safety are agreed and documente
Page 234 and 235:
• Mental disorders. 156 665. The
Page 236 and 237:
669. However there are some doubts
Page 238 and 239:
action area of the National Health
Page 240 and 241:
mental disorders. How can the legis
Page 242 and 243:
692. We can expect that there will
Page 244 and 245:
mental disorders, we need to streng
Page 246 and 247:
negotiation between workers and man
Page 248 and 249:
health and safety issues that have
Page 250 and 251:
Employers, principals, contractors,
Page 252 and 253:
approach of the legislation would h
Page 254 and 255:
Inspectorate 724. The Act confers p
Page 256 and 257:
giving the answer or providing the
Page 258 and 259:
Legislated powers to give advice, e
Page 260 and 261:
747. The percentage of proactive in
Page 262 and 263:
754. (See the diagram below - with
Page 264 and 265:
disease at workplaces and the devel
Page 266 and 267:
Small business support 762. The maj
Page 268 and 269:
769. We see value in developing pro
Page 270 and 271:
highlights the importance of traini
Page 272 and 273:
Resources 782. In consideration of
Page 274 and 275:
employees in their employment with
Page 276 and 277:
796. The Construction Forestry Mini
Page 278 and 279:
802. The CBB submission proposes th
Page 280 and 281:
• That penalties should be awarde
Page 282 and 283:
Tasmania’s penalties for an indiv
Page 284 and 285:
safety framework) would seem to mak
Page 286 and 287:
Industry codes of practice 830. The
Page 288 and 289:
838. Section 4 of the Act binds the
Page 290 and 291:
Designated Workplaces 845. The Act
Page 292 and 293:
Barbara Elliot Chris Hinds Leanne W
Page 294 and 295:
Release. Retrieved from DEWR websit
Page 296 and 297:
Australian Government 6 April 2006,
Page 298 and 299:
Bertram, J. 2006, Heads of Workplac
Page 300 and 301:
Centre for Applied Social Research
Page 302 and 303:
Davis, Courtney n.d. Making Compani
Page 304 and 305:
Ford, Sean 2005, ‘Guilty Plea To
Page 306 and 307:
Hall, A., Johnstone, R. & Ridgeway
Page 308 and 309:
House of Commons Hansard Debate 200
Page 310 and 311:
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
show all

View the report - Tasmanian Department of Justice

Create successful ePaper yourself

Delete template?

Save as template?