The death knell for the disparate and inconsistent OHS laws currently existing throughout Australia rang loudly on 18 May 2009, when an agreement was reached by all Federal, State and Territory governments, except for Western Australia, to a national framework for uniform OHS laws.

The Communiqué released on 18 May 2009 by the Australian, State, Territory and New Zealand Workplace Relations Ministers’ Council (WRMC), is aimed at enhancing safety protections for Australian employees and providing greater certainty, consistency and protection for all workplace parties, including employers.

The Safe Work Australia Council has already been instructed by the WRMC to commence the drafting of the model OHS laws. However, the development of the model OHS laws will be heavily reliant on extensive stakeholder consultation and responses to an exposure draft bill to be distributed for public consultation. It is anticipated that matters raised during the consultation processes will play a role in the final product for WRMC’s decision.

The model OHS laws will:

1. Include enhanced duty of care provisions so that all persons who conduct a business or undertaking will owe a duty of care to all persons involved in, or affected by, work activity, not only workers, in order to ensure that OHS legislation applies to all hazards and risks arising from the conduct of work; and
2. Maintain that breaches of duties of care are criminal offences in order to reflect the seriousness of non-compliance with a duty of care and provide for significant penalties in OHS legislation.

It is acknowledged that each jurisdiction will have to face changes in their current OHS arrangements in order to help achieve the goal of uniform OHS laws.

Two important decisions of the WRMC are that:

1. The prosecution should bear the onus of proving beyond reasonable doubt all elements of an offence relating to non-compliance with a duty of care, thus removing the reverse onus of proof contained in some States’ OHS legislation; and
2. Only an official who is acting in the course of a public office or duty may bring a prosecution for a breach of the Act, thus removing the capacity of unions to bring prosecutions for breaches under some States’ OHS laws.

Economic benefits will arise from the clarity and uniformity of national OHS laws. In particular, it will be easier for employers operating across State boundaries to manage their risk and implement safety compliance systems. The increased ability to manage their risk will have a number of direct bottom line consequences for businesses, from making savings in Workers Compensation claims and premiums through to increasing morale in their workforce.

If you would like more information please contact David Grace on (07) 3231 2421.