OCCUPATIONAL HEALTH AND SAFETY LEGISLATION

The AICD wants to see the safest possible workplaces in Australia . It has no argument with prosecutions where a company’s management knows there are risks and fails to deal with them adequately. It does, however, oppose new laws in this area that unduly hold directors accountable for workplace accidents.

A spate of legislation on occupational health and safety has emerged recently in State and Territory parliaments. New and draconian criminal penalties, including jail terms, are proposed for managers and directors when an accident happens. The ACT and Victoria have passed new laws. NSW has a particularly severe act under discussion, and other states may follow.

Developing a Safety Culture

The AICD is strongly committed to workplace safety and supports strong and effective laws with heavy fines and sanctions, where necessary. However, an effective approach to occupational health and safety lies in encouraging safety education that is supported by an appropriate legislative framework.

To achieve this, companies must undertake rigorous risk analysis and report on accidents that do occur, implement thorough training programs, and enforce a zero tolerance approach to employees who ignore their workplace safety obligations. It is a commitment on the part of employers and employees.

Importance of consultation in the legislative process

The AICD is concerned at the haste and severity of various state based legislation that is being introduced in the area of industrial manslaughter.

The AICD is concerned that such legislation is being rushed through various State Parliaments before key stakeholders have been able to view or comment upon what it contains and this approach could result in unintended consequences for both employers and employees.

Given the importance of the occupational health and safety reforms and the severity of some of the legislation that is being drafted we believe that there needs to be a thorough consultation process in which AICD wishes to actively participate.

The new bills have not attracted the attention they have deserved. The AICD is watching future developments closely in all states and territories and will lobby to bring about more appropriate solutions should further unreasonable measures be proposed that affect directors.