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70. The “new breed” of enterprise workers experiences both the potential benefits and the risks of the brave new economy. 71. The workplace health and safety legislative framework designed thirty years ago is therefore likely to be out of step with the new economy and its emphasis upon individualism and the new breed of enterprise workers. 72. The extent and nature of the changes to the world of work that we have reviewed constitute challenges to be met in achieving the objective to prevent work-related injury, illness and death. Other States and Territories have contemplated these changes in reviews of workplace health and safety and have responded by making amendments to their workplace health and safety legislation and the way in which it is administered. The Tasmanian review team is in the fortunate position of being able to benefit from their experience. The report turns now to consider other reviews. 47
CHAPTER 2 NATIONAL DEVELOPMENTS Reviews of workplace health and safety in other jurisdictions 73. This chapter commences with a summary of reviews and recent legislative amendments in other jurisdictions and examines national policy relevant to this review. Australian Capital Territory: Occupational Health and Safety Act 1989 74. The review of the ACT legislation and administration was conducted in two stages: the first, in 2003, examined compliance and enforcement provisions and resulted in amendments passed in 2004. The second, resulting in a report released in September 2005, examined the objects, boundaries and structure of the Act on the basis of the need for jurisdictional consistency as well as to account for changes that have occurred since the Act was first proclaimed. 75. The issues examined are very similar to those examined by other reviews and take into account the impact of changes upon the duty of care, consultation and representation provisions, and the administration of the Act. 48
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 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 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
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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
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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
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Makin, A.M. & Winder, C. 2006, OHS
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Nielsen, E. 2004, Regulation, Co-re
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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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