OLD PAGES > OH&S Review: The Business Reaction - 4 May

Proposed changes to NSW Occupational Health and Safety legislation announced today are mixed results for NSW businesses said Illawarra Business Chamber.

“On the positive side, the Government has to be congratulated for responding 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”, said Mark Grimson, Chief Executive Officer of the IBC.

“It was the view of the twenty five employer groups including the IBC that ABL State Chamber brought together for the business submission to the OH&S Review, that the way the duty of care was being applied actually worked 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 is likely to better promote improved workplace safety.

“These are all positive steps.

“It is however disappointing that the Government has maintained the ability of Unions to prosecute employers.  Allowing unions to prosecute and receive a portion of any fines imposed for their efforts does not inspire confidence in the system.  We support the right of WorkCover alone to launch prosecutions. 

 “It is a concern that the NSW Government has provided Unions the right to enter workplaces under the guise of discussions about OH&S matters.  It is difficult to see how the proposal is anything other than a device intended to get around the Commonwealth’s WorkChoices legislation.

“This risks bringing industrial relations back into OH&S.

Mr Grimson said he acknowledged the comments of the Minister regarding a change in approach by WorkCover to assist employers in making NSW workplaces even safer.

“The real concern about any change to OH&S legislation relates to how it will be applied.  We welcome 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.

For further information contact: Mark Grimson on 4229 4722 or 0409155240.