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Higher penalties for workplace deaths - New OH &S Federal Regime |
On 12 August 2004, the Federal Parliament passed The Occupational Health and Safety (Commonwealth Employment) Amendment (Employee Involvement and Compliance) Bill 2002. This Bill is aimed at shifting the focus of occupational health and safety regulation in Commonwealth employment away from imposing solutions and towards enabling those in the workplace to work together to make informed decisions about workplace safety. While this will give employers and employees added flexibility in meeting their obligations, the new compliance provisions will ensure that such flexibility is subject to a strong and effective enforcement regime if obligations are not met. |
If employers do not develop adequate safety management arrangements to protect their employees, they will be in breach of their duty of care under the OHS Act and will face greater penalties under the new Act, including:
- civil sanctions such as pecuniary penalty orders, injunctions and remedial orders;
- enabling declarations and pecuniary penalty orders against Commonwealth authorities and entities;
- enabling Commonwealth employees and employees of Commonwealth authorities to be prosecuted and making them liable to pay pecuniary penalties;
- increasing criminal penalties from the current $100,000 to $495,000 for instances where a workplace death or serious bodily harm resulted from an employer's negligence or recklessness; and
- creating a number of serious offences-where a statutory breach results in death, serious injury or a substantial risk of those things occurring.
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| The amendments will also remove the current prerogative role of unions in an attempt to try and enhance consultation between employers and employees by facilitating a more direct relationship. Unions will, however, still be able to participate in the development of workplace safety management arrangements where employees request and will also retain their current enforcement roles where employees request it. |
The amendments also address health and safety committees, compliance and enforcement measures, and Comcare's role and powers. |
The Bill amended the Occupational Health and Safety (Commonwealth Employment) Act 1991 (Cth). Schedule 1 (amendments to the Act) will commence 28 days after assent; Schedule 2 (civil proceedings and criminal prosecutions for breaches of the Act) and other sections of the Bill will commence upon assent. |
peter.mcnamara@cmlawyers.com.au
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