CPSU (PSU Group) Submission regarding the Draft model Work Health and Safety (WHS) Regulations and model Codes of Practice

Transcription

1 CPSU (PSU Group) Submission regarding the Draft model Work Health and Safety (WHS) Regulations and model Codes of Practice April

2 Introduction The Community and Public Sector Union (CPSU) welcomes the opportunity to make a submission regarding the draft model Work Health and Safety (WHS) Regulations and model Codes of Practice. The PSU Group of the CPSU represents workers in the Australian Public Service (APS), the ACT and Northern Territory Public Services, the telecommunications sector, call centres, employment services and broadcasting. We are a national union with members in every state and territory. CPSU members work in the areas of administration, sales, engineering, communications, information technology, legal, technical, scientific research, broadcasting and many other fields. We are the principal union covering employees who are covered by the Commonwealth Occupational Health and Safety Act General Comments on Regulations The ACTU has made a comprehensive submission regarding the draft model Work Health and Safety (WHS) Regulations and model Codes of Practice. The CPSU has had extensive input into that submission and supports it. The comments in this submission add to the ACTU submission. Hazard Identification, Risk Assessment and Hierarchy of Control The National Panel Review recommended the inclusion of the process of hazard identification, risk assessment and hierarchy of control in the regulations, with further guidance in the code of practice (recommendation 136). This recommendation was agreed by the WRMC. Despite this, the Model WHS Act does not include a comprehensive risk management duty. The CPSU recommends that a comprehensive risk management obligation be included in the WHS Regulations. Mandatory hazard identification and risk assessment and a hierarchy of control after a risk assessment has been made are contained in the Commonwealth Occupational Health and Safety (Safety Standards) Regulations To not include them in the WHS Regulations would result in a reduction in health and safety standards for Commonwealth employees contrary to the assurances given as part of the harmonisation process. Removal of the term so far as is reasonably practicable The term so far as is reasonably practicable should be used to qualify the control of risks that have been identified rather than as a qualification for the actual identification of risks. To this end, the term so far as is reasonably practicable must be removed from these duties: Identification of hazardous manual tasks Hazard identification and risk assessment (confined spaces) Hazard identification (falls) Hazard identification (electrical equipment) 3

3 Hazard identification and risk assessment (Diving) Supply of second-hand plant duties of importer Supply of second-hand plant duties of supplier Identifying hazards (Haz Chems) Chapter 1 Preliminary CPSU recommends that the definitions include all definitions used in the Model WHS Act where the same words are also used in the model WHS Regulations eg the definitions of plant and structure. Chapter 2 Representation and Participation CPSU recommends that Regulation Matters to be taken into account in negotiations be included in the WHS Act. Regulation is overly prescriptive and does not meet the changing nature of work and employment arrangements. CPSU recommends that in the words after consulting with the person conducting each relevant business or undertaking be deleted as this could have the effect of delaying the conduct of the election. In Regulation the CPSU recommends deleting the word intentionally as a person conducting a business or undertaking (PCBU) must not in any situation delay the election of a HSR, even if it was not intentional. It will be difficult for inspectors to determine if a PCBU s actions were intentional. Training for HSRs under the Commonwealth OHS Act 1991 is mandatory. CPSU recommends that mandatory training for HSRs be included in the Model WHS Act especially as HSRs are unable to use some of their powers under the WHS Act unless they have undertaken training. Without this amendment, the proposed legislation will result in a significant reduction in current workplace health and safety standards. If mandatory training for HSRs cannot be included in the Model WHS Act then CPSU recommends that it be included in the WHS Regulations at The Commonwealth Guidelines on HSR training recommend that training be undertaken within 3 months of a HSR s election and that the employee can choose which approved course they attend, taking into account their personal circumstances. CPSU recommends that training for HSRs be undertaken within 3 months of their election be included in WHS Regulation CPSU recommends that Regulation be amended to read: Training of Health and Safety Representatives. For the purposes of section 72(1) of the Act, a health and safety representative must attend the following courses of training in work health and safety; 4

4 (a) an initial course of training of 5 days within 3 months of their election; (b) one day s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training; (c) any other course approved or conducted by the Regulator. Chapter 3 General Workplace Management Regulations and deal with duties in relation to general workplace facilities. These are fundamental requirements eg potable water, toilets etc. These are basic human requirements and should not be constrained by as far as is reasonably practicable. The CPSU recommends that the term as far as is reasonably practicable be deleted from and CPSU members can be on occasion be exposed to extremes of heat and cold. The CPSU therefore recommends that there be minimum specifications in Regulation regarding what is extreme heat and cold. CPSU also recommends that the duties in relation to general workplace facilities include duties in relation to noise (including audiometric testing), the threat of occupational violence including customer aggression and psychosocial hazards. CPSU recommends that Regulation Remote and isolated work be amended so that there are separate and specific regulations for both remote and isolated work. Separate definitions are required so that it is clear to which groups of workers these regulations apply. The regulations also need to include that a mandatory risk assessment be conducted to determine if the work needs to be undertaken in the first place and what controls can be implemented to overcome the risks. Chapter 4 Hazardous Work Regulations for Psychosocial Hazards CPSU recommends that Chapter 4 include regulations relating to psychosocial hazards. Psychosocial hazards include job pressure, lack of job control, lack of job security, bullying and harassment, lack of adequate resources and stress. In the Commonwealth jurisdiction there has been an increase in the number and cost of claims for mental stress claims. Between and mental stress claims accounted for nine per cent of all claims, however these claims represented 36 per cent of total cost, with an average total cost per claim of approximately $176,000. During , mental stress claims accounted for 10 per cent of all claims and 30 per cent of total claim costs, with an average total cost per claim of $199,000. It should be noted that at this time the average total cost per claim is an estimate which may change as the claims mature. 5

5 The average total cost (cost to date plus estimated outstanding liability) of these claims remains high compared to all other claims. Latest estimates indicate that the average total cost of mental stress claims was approximately $180,000. For premium payers in the Commonwealth system (APS and ACT Government Departments and APS agencies), the most significant sub-groups for mental stress claims were work related harassment and/or bullying (45 per cent of claims) followed by work pressure (43 per cent of claims). Regulation of these hazards is inconsistent across the jurisdictions. A new national OHS system should recognise that these hazards have a significant impact on employees, employers and the community and are costly and time consuming. The CPSU therefore recommends that regulations on psychosocial hazards be developed to protect the health and safety of employees and assist employers to take appropriate steps to control the risks. Model Codes of Practice Safety in Laboratories The CPSU is the union which represents scientists who work in the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and other Australian Public Sector (APS) scientific research organisations. CPSU members who work in CSIRO have strongly indicated that they want the Code of Practice on Safety in Laboratories retained. If SWA is to develop a new Code of Practice, the existing Commonwealth Code of Practice must continue to apply until an agreed new Code was developed and implemented. 6