8/4/04
The Gallop Government is committed to creating safer communities and making Western Australian workplaces safer and healthier is a key part of the strategy.
Introducing a Bill today, to amend the Occupational Safety and Health (OSH) Act, Consumer and Employment Protection Minister John Kobelke said the reforms included tougher penalties for unsafe or dangerous workplaces.
"We must have effective laws to crack down on unsafe practices, but employers who do the right thing have nothing to fear from our new legislative changes," Mr Kobelke said.
"Workplace deaths, injuries and disease bring suffering and stress to workers and their families and that must be addressed and understood by the whole community."
The Minister said the amendments to the OSH Act would bring WA more into line with penalties that applied in other States and it was the first time in almost 10 years that maximum fines had been increased.
"These changes reflect community expectations that employees have the basic right to a work environment in which hazards and risks are eliminated or at the very least carefully managed," he said.
In 2002-03, a total of 18,827 Western Australians were involved in some form of compensable lost time incident at work.
Mr Kobelke said that, in addition to higher monetary penalties, the option of jail had been included for senior accountable managers who committed offences, which involved gross negligence.
"A corporation convicted on a serious charge will face a maximum penalty of $500,000 for a first offence, two-and-a-half times the current maximum for any offence," the Minister said.
"A subsequent offence will incur a maximum penalty of $625,000.
"The highest penalty ever awarded under current provisions was $75,000 in 2003.
Mr Kobelke said appropriately trained safety and health representatives would have a pivotal role in the identification of workplace hazards and in bringing safety and health concerns to the attention of the employer.
"Consultation is the cornerstone of occupational safety and health in the 21st century, and safety and health representatives play a crucial role in the workplace," he said.
"Elected and qualified safety and health representatives will be able to issue Provisional Improvement Notices (PINs) where they believe an employer is contravening the Act or Regulations."
A PIN will require a breach to be remedied.
"I am confident our changes to occupational safety and health laws can strengthen safety in WA and reduce the tragic toll of workplace injuries," the Minister said.
Other reforms in the Bill introduced today included:
- expanding duty of care, largely to 'close the gaps', particularly in the labour hire industry;
- enabling prosecution of Government agencies that break the law;
- simplified and more flexible processes for the election of safety and health representatives and the establishment of safety and health committees;
- the setting up of a Safety and Health Tribunal;
- extending the policy advisory role of the Occupational Safety and Health Commission to cover the mining industry; and
- incorporation of a Mining Industry Advisory Committee, within the Occupational Safety and Health Commission.
"Employers who do the right thing have nothing to fear from these changes, but those who continue to provide unsafe workplaces can expect to be dealt with harshly," Mr Kobelke said.
Minister's Office - 9222 9211
