State and territory Work Health and Safety (WHS) Ministers met last Thursday to discuss the recommendations made by Marie Boland in the 2018 Review of the model work, health and safety laws (the Boland Review).
The safety of riders in the gig economy and sexual harassment in the workplace were key topics of discussion at the meeting attended by each state and territory minister and convened by Commonwealth Attorney-General Michaelia Cash.
“Positive and constructive discussions were held, with Ministers agreeing to a significant number of measures to improve WHS outcomes across the country,” Attorney-General Cash said.
While there were no significant policy announcements or breakthrough, some of the key outcomes were:
- No majority agreement for Industrial Manslaughter
- While the Northern Territory, Queensland, Western Australia, the Australian Capital Territory and Victoria provided their support for an industrial manslaughter offence, the recommendation did not receive the required majority.
- Agreement to introduce Gross Negligence to Category 1 offence
- Ministers unanimously agreed to introduce gross negligence or equivalent as a fault element in the Category 1 offence in the model WHS Act.
- Ministers unanimously agreed that conduct involving gross negligence should attract more severe penalties under the model WHS laws, and will be a step towards improving prosecution rates for Category 1 offences. Ministers noted that this is in keeping with the risk-based approach of WHS laws.
- Ministers also agreed to further consider significant increases to penalties under the model WHS laws
- Agreement to introduce psychological injury regulations
- A majority of Ministers agreed to amend the model WHS Regulations to deal with psychological injury. It was noted that a number of jurisdictions are already taking action and finalising Codes of Practice or Regulations relating to psychological health which would provide guidance to employers about complying with their duties under WHS laws and better protect workers from risks of psychological harm
Minister Cash said that Ministers considered the recommendations from the review of the model WHS laws undertaken by Marie Boland and agreement was reached for action on all of the 34 recommendations, with Safe Work Australia (SWA) to now progress those recommendations agreed by the Ministers.
“I was pleased that ministers supported the Commonwealth’s position to further consider significant increases to penalties under the model WHS laws. These measures will increase the deterrent effect of the offences and ensure that the penalties reflect the importance of a safe environment for workers, and the serious impact of workplace deaths and injuries on families and the community.” Minister Cash said.
Ministers at the meeting also endorsed the National Principles to Support Families Following an Industrial Death (the Principles). These Principles were developed by SWA in response to the recommendations of the Senate Inquiry into Industrial Deaths – They Never Came Home and provide a framework for WHS authorities to draw on, and work with, other relevant agencies, such as the police, to guide policy and best practice at the operational level.
A majority of Ministers agreed to amend the model WHS Regulations to deal with psychological injury. This important commitment is consistent with the Government’s response to the Respect@Work report. Regulations will be further supported by the work of SWA as they develop a model Code of Practice on psychological health.
The WHS ministers also discussed the need to improve safety outcomes for food delivery riders. Ministers noted that SWA is developing national WHS guidance for the food delivery industry and agreed to refer work on promoting and strengthening education to SWA, and refer work on compliance and enforcement initiatives in relation to food delivery platforms and riders to the Heads of Workplace Safety Authorities for consideration.
Ministers noted the Commonwealth Government’s response to the Australian Human Rights Commission’s report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work report). Ministers gave an update on their current or planned work and initiatives directed at addressing sexual harassment in their respective jurisdictions, noting that states and territories are due to formally respond to the Commonwealth by the end of June 2021. Ministers noted that all Australian governments, as well as the private sector, have a role to play in responding to the Respect@Work report.
Ministers agreed to reconvene before the end of the year in order to receive progress reports from each jurisdiction and Safe Work Australia on the implementation of the agreed recommendations.
AREEA will be closely watching and working with members and other business groups to ensure the ‘introduction of psychological injury regulations’ does not lead to undue or unrealistic compliance, obligations, liabilities or costs for employers.
If you would like further information on any of the areas featured in this article, in particular to learn how AREEA can support your organisation in addressing workplace sexual harassment and related areas, contact [email protected].
