Page 3883 - Week 10 - Thursday, 27 August 2009
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committee will improve work safety. The new section gives the chief executive a similar power for an entire industry, to direct, by way of a notifiable instrument, all employers in a particular industry each to establish a work safety committee. This power is given without any requirement to consult with the industry.
Whilst its intent may be in the best interests of ensuring safe workplaces for employees—which we support—it is an unchecked power which is draconian, anti business, and anti employment. While it remains in that form, we cannot support it. Any decision that affects an entire industry must be fully transparent with lines of accountability and a proper process of full consultation across all relevant stakeholders, including expert advice, and it must be subject to public scrutiny.
Such a power as this that lies in the hands of the community sector, a public servant—not even the minister—someone who is not involved in the business sector, someone making decisions that affect the business sector, potentially in a profound way, may not be appropriate or relevant for one reason or another. Businesses engaged in an industry will vary considerably in size, work safety track record, existing safety practices and so on. For example, the plumbing industry deals with potentially hazardous work situations, chemicals and equipment. Businesses within that industry invariably will include small businesses. Some might only have one or two employees. Would a direction to direct all employers in the plumbing industry require those small businesses to form a work safety committee be fair and reasonable? It would be a ridiculous situation, in which a non-compliant employer would be exposed to a strict liability offence involving 100 penalty units.
The bill and the explanatory statement fail to explain the rationale for this new and substantial power that this new section affords to the chief executive. It also fails to explain how this power might work in practice. They fail to contemplate the potential impact on the business sector across an industry. They fail to provide any leeway or guidance or for exemption. The Canberra Liberals will be opposing proposed new section 55A in the detail stage.
MS BRESNAN (Brindabella) (5.31): The Greens will be supporting this bill. The Work Safety Amendment Bill 2009 is largely unfinished business relating to the Safety Act 2008, which is, in essence, a modernisation of the ACT’s existing occupational health and safety regime.
I have previously made comments as to the shift towards safety duties in this and other areas, such as the control of dangerous substances. Last week we debated the Road Transport (Mass, Dimensions and Loading) Bill, which was the ACT implementation of a national road transport project, and took the same approach.
In this case, however, the ACT work safety legislation is at the front of a national scheme that could be up and running in about three or four years. National projects, however, do not always move as fast as is hoped. So, in the interest of good work safety practices and the wellbeing of workers in the ACT, the Greens are pleased to support action in the ACT.
What underpins this approach to legislative protection in the workplace and in transport and other areas is the establishment of legal responsibility to follow safe
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