The State Government's response to the Maxwell Report on the Review of Victoria's occupational health and safety framework has finally been introduced into State Parliament.

The new Occupational Health and Safety Bill 2004, tabled by the Minister for WorkCover, Rob Hulls on Thursday evening (18/11), proposes a range of significant changes to current OHS regulations and is intended to replace the existing OHS Act 1985 from 1 July, 2005.

Debate on the Bill has now been adjourned for two weeks, following unsuccessful argument by the Opposition that a three-month adjournment was warranted. It is now understood the Government intends to pass the legislation during the current Spring Session, which concludes on 16 December.

The Bill is a complex and comprehensive overhaul of the current Act and requires detailed analysis. However, a number of points can be made in summary. The Bill does not implement anywhere near all of the 130-plus recommendations contained in the Maxwell Report - although in some areas it goes further than Maxwell proposed. It does, however, introduce a range of new obligations, including:

• at the outset, new objectives of the Act and new 'principles of health and safety protection';
  
• explicit recognition that the new duties extend to include not only employers and employees, but also 'designers of buildings or structures', 'manufacturers and suppliers of plant and substances', and 'persons installing, erecting or commissioning plant';
  
• recognition that those duties are not absolute, but are qualified by requiring what is 'reasonably practicable' in the circumstances;
  
• an indication that the definition of "health" includes 'psychological health';
  
• express reference to a range of consultation obligations imposed on employers, including about any proposed '...changes that may affect the health or safety of employees of the employer... to the conduct of the work performed at such a workplace';
  
• a range of new provisions about designated work groups and elected health and safety representatives, including a provision that a designated work group could extend to cover multiple employers;
  
• a requirement for health and safety representatives to undergo employer-funded training and to be updated annually with mandatory refresher courses;
  
• new trade union right-of-entry powers in circumstance where the authorised official has 'reasonable basis for suspecting there is a contravention of the Act'. The exercise of such powers would be confined to that area of the workplace, and there would be no power to 'cause any work at the place to cease' without the employer's agreement. A range of other conditions and obligations would also need to be satisfied;
  
• new internal and external review processes concerning a range of specified WorkSafe decision-making processes, including the issue of notices by inspectors;
  
• the creation of a new offence of 'conduct endangering persons at a workplace', apparently intended to reflect provisions that already exist within the Crimes Act, so as to create a 'high culpability offence applicable within workplaces' and punishable by maximum fines of $180,000 and jail terms of up to five years. The Bill also proposes a new offence for company officers in circumstances where a company is guilty of an offence and the officer failed to take reasonable care.

As this summary shows, the Bill proposes extensive changes to the current framework and the implications of the proposals now need to carefully assessed and, where necessary, appropriate advice obtained as part of that process. We are now embarking on that course and will shortly provide a more thorough analysis. It goes without saying that this Bill creates a number of critical concerns for Victorian employers and VECCI will give it the attention it deserves.

As indicated, further information and advice will be distributed shortly. Meanwhile, if you have a particular interest in the subject and would like to ensure that you are directly advised about developments by VECCI, please indicate your interest by return email.

For all media enquiries, please contact:
VECCI Strategic Communications
Ph:      (03) 8662 5226
email: media@vecci.org.au