Regulatory Reform – At What Cost?
Toula Papadopoulos
Advisor – Work Health, Safety & Compensation
ACCI speaks on behalf of businesses at a national and international level

ACCI is the peak council of Australian business associations
Our member network consists of State/Territory Chambers of
Commerce, national industry associations, bilateral and multilateral business organisations
ACCI provides leadership for employers in all industry sectors including large and small business
Currently our key focus is the employer representation and input on development of the national OHS Model Regulation
Package
Modern Workplace: Safer Workplace 2005 – 2015, ACCI
Blueprint on national OHS reform
ACCI speaks on behalf of businesses at a national and international level

Each State and
Territory is responsible for its own OHS legislation and regulation
Different rules make it hard for businesses that operate in more than one jurisdiction
ACCI speaks on behalf of businesses at a national and international level

A model WHS Act to serve as a template for each
Australian jurisdiction
Each State and Territory will now have harmonised legislation
ACCI speaks on behalf of businesses at a national and international level

ACCI speaks on behalf of businesses at a national and international level

Businesses that operate across State boundaries will find compliance easier
Administration and other costs should decrease
Opportunity to review and improve health and safety outcomes
ACCI speaks on behalf of businesses at a national and international level

The States currently have different legislation, so the changes will be different for each of them
Opportunity to make changes that reflect today’s workplace:
 More flexible hours
 More diverse work locations
 Work from home
 Greater use of independent contractors
 Changes to labour hire
Duty of care widened to include employees
‘Reasonably practicable’, ‘reasonable care’ and ‘due diligence’ will now pervade the regulations
ACCI speaks on behalf of businesses at a national and international level

‘Principal duty of care’ is now attached to the ‘PCBU’
(Person Conducting a Business or Undertaking)
The PCBU must ensure the health and safety of workers so far as is
‘reasonably practicable’
The ‘PCBU’ applies to organisations and people who previously fell outside the primary duty obligations
Responsibility is not only to employees, but also to other workers
The PCBU has a ‘duty of care’
ACCI speaks on behalf of businesses at a national and international level

The duty of care is prescribed in the Model WHS Act
Responsibilities will extend to:
 the work environment
 plant and structures
 safe systems of work
 the use/handling/storage/transport of plant/structures/ substances
 access to adequate facilities for the welfare of employees
 provision of relevant information, training, instruction or supervision
 appropriate monitoring of the workplace and the health of workers
ACCI speaks on behalf of businesses at a national and international level

Due diligence involves:
 Up to date knowledge of work health and safety systems
 Understanding of the hazards and risks associated with the operation of the business
 Ensuring risks associated with those hazards are eliminated or minimised
 Ensuring timely responses when information is received about incidents
 Ensuring compliance with the duties and the obligations that exist under the Act
ACCI speaks on behalf of businesses at a national and international level

The Act prescribes specific duties for employees
Health and Safety representatives (HSRs) have increased powers
The Act extends union powers
Union officials have right of entry to investigate suspected OHS contravention
Union officials can provide advice and consult about health and safety matters with 24 hours notice
ACCI speaks on behalf of businesses at a national and international level

The Act imposes obligations to consult, co-operate and co-ordinate:
 as far as is reasonably practicable
 with other PCBUs
 with other duty holders – including employees
How this will work, particularly with multiple PCBUs, requires further clarity
This is new to many operations
Guidelines and advice is required
ACCI speaks on behalf of businesses at a national and international level

ACCI is supportive of WHS harmonisation
However:
The timetable is short – not enough time for thorough review and testing by employees and employers
The regulations are over-engineered so that all industries are covered. They are cumbersome and lengthy
States remain the OHS regulators. State Courts will deal with breaches. Therefore there is potential for different interpretations for compliance and enforcement
ACCI speaks on behalf of businesses at a national and international level

The right of entry accorded to union officials
The proposed level of fines and penalties
The powers given to Health & Safety representatives to stop work
The reverse onus of proof in discrimination against complainers
Ambiguity in the application of duties and obligations with multiple PCBUs (e.g. landlord and tenant, contractor and sub-contractor…)
ACCI speaks on behalf of businesses at a national and international level

ACCI recognises that regulation cannot on its own achieve improved safety outcomes
The workplace culture must be based around clear, shared responsibilities…
…and supported by a framework of credible and applicable laws, regulations, codes of practice and industry based guidance materials
The framework of laws and regulation must take account of the different nature and types of business – size and industry. One size cannot fit all
ACCI speaks on behalf of businesses at a national and international level

ACCI members support the principle of harmonisation
Industry specific guidance material is important for industry to fully understand their detailed obligations
Need to avoid pushing guidance material into tougher enforceable codes
Practical application will be key
ACCI speaks on behalf of businesses at a national and international level

Thank You
Australian Chamber of Commerce and Industry www.acci.asn.au
ACCI speaks on behalf of businesses at a national and international level