Illawarra Business Chamber
Invigorating

Decision to Defer OH&S Legislation Major Disappointment

The Illawarra Business Chamber has expressed disappointment at the decision of the State Government to defer implementing OH&S reforms until after the next State election.

”Local businesses were supportive of the changes proposed by Mr Della Bosca this year. The proposals made OH&S more practical and fairer and at the same time improved workplace safety”, said Mark Grimson, CEO of the Illawarra Business Chamber

“We are disappointed that the State Government has decided to scuttle its own Draft Bill.

“This means smaller businesses will continue to operate within an OH&S system where they are deemed guilty until proven innocent.

“Businesses feel the current regime is more about paperwork and fines rather than safety and reducing accident rates.

“When the Draft Bill was released early in 2006 it was met with acclaim – the Bill introduced a practical duty of care for employers and also recognised that OH&S is a partnership between employers and employees. Now it seems it has been put into the too-hard basket until after the election.

“This decision is a blow to every business in the Illawarra. Business did not believe the Government would cave in on its own legislation, but it has and everyone in NSW loses out.

“The Draft Bill would have made workplaces safer by removing the “red tape” that is engulfing NSW businesses.

“The Draft Bill responded to calls by employers for changes to the duty of care, clarification of the obligations of officers of corporations, making clear the responsibility employees have for their own safety and the introduction of enforceable undertakings as an alternative to prosecutions.

“The way that duty of care is being applied currently actually works against creating safer workplaces. Requiring those with a duty of care under the OH&S Act to do that which is reasonably practical not only brings NSW in line with most other States, it is likely to better promote improved workplace safety.

“After a year and a half of consultation, we now have another Review – and a Review timed to deliver a report after the State election.

Mr Grimson said following this decision it was fair for the regions’ businesses to re-assess the “open for business” mantra of the NSW Government.

“Open for business” implies a willingness to make NSW easier to do business. Yet we have not seen this on a significant business issue such as OH&S.

Mr Grimson said the draft bill had been supported by the Opposition and represented a bi-partisan approach to the important issue of workplace safety.

“Business welcomed the moves to remove the barriers to WorkCover providing OH&S advice to employers. The primary approach of WorkCover should be directed at helping people in the workplace prevent accidents, not launching prosecutions after accidents occur.

“Business genuinely believed that the change in NSW leadership last year represented a change in the direction of the NSW Government, but today’s announcement calls this into question.

For more information contact Mark Grimson on 02 4229 4722 or 0409 155 240

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