VECCI is in philosophical disagreement with a number of proposals contained in the Occupational Health and Safety Bill, which was passed on the last sitting day of the year by the Legislative Assembly yesterday (9/12).

We particularly reject the assertion that union right-of-entry and increased company officer liability will improve workplace safety. VECCI maintains that co-operation between employers and employees should be at the centre of efforts to achieve effective OHS regulation in Victoria.

Fortunately, these proposals, which evolve from the Maxwell Review of the framework of OHS regulation in Victoria, have been countered by some positive recommendations, such as better assistance for employers with compliance issues. And we remain critically concerned with aspects of employer liability provisions, which apply a civil test rather than a criminal test of negligence for prosecution.

The Bill is now expected to be passed by the Legislative Council next week, with the new laws scheduled to take effect from 1 July 2005. Once the legislation is passed, the focus will shift to implementation. VECCI will hold the Victorian WorkCover Authority accountable for the responsible and even-handed implementation of the new system.

As a general principle, the focus should be on education and improvement - enforcement and prosecution should be used as a last resort. In particular, VECCI will be looking to the Authority to show zero tolerance of any abuse of the right-of-entry provisions.

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VECCI Strategic Communications
Ph:      (03) 8662 5226
email: media@vecci.org.au