At the strategic level, HR managers will keep abreast of current WHS issues, legislation and strategies, analysing trends or accident rates and workers’ compensation costs, and projecting the impact of the introduction of new technology or new work processes on employee health and safety. In consultation with workplace committees, unions and managers. FIR managers may modify existing WHS policics or develop new policy directions. At the operational level, H12. managers may chair workplace committees or advise on procedures that are required to prevent accidents or injuries. They may also support supervisors and line managers in workplace redesign, provide safety awareness training or promotion campaigns or advise on the relevant WHS consultants to resolve particular issues. Administratively, HR departments may coordinate the collection of statistics on accident rates and work-related diseases or provide secretarial support to workplace committees.
WHS LAW IN AUSTRALIA As indicawd in Table 10.1, Australian industry has been subject to a wide range of Acts and l;:romoeZt statutes concerning specific occupational risks and hazards. Conunon law (see Chapter 3) has to ensurcconzistnncy been an additional avenue for injured workers to pursue claims. National WHS legislation in WHS laws ha w0en intended to rationalise or harmonise) the current federal and state laws in Australia is currently territories in place hi all Australian states and territories except Victoria and Western Australia, which …Mork Health and have chosen to retain their previous legislation (sec Table 10.1 on the next page). There is satetylwxslACt general agreement in most jurisdictions on a model Work Health and Safety NHS, Act (see http://www.comlaw.gov.au), accompanied by model WHS regulations and codes of conduct to enwro me and the Australian l41,th Health and Safety Strut. 2012-2022 described above. Table 10.1 narmonlsal on of illustrates the diverse and fragmented nature of the previous OHS laws prior to the new WHS model. WHS legislation has aim), had three broad thrusts: • prevention, to safeguard employees from real, or potential, health and safety risks • compensation, to provide injured employees with minimum levels of monetary compensation • whabilitatim, to assist the return to work of injured workers. In practice, however, worker protection has often been hunted to specific physical risks (e.g. toxic substances and machinery), and particular industries (e.g. mining and manufacturing). Similarly, until quite recently, unions and their members have preferred compensation payments to comprehensive rehabilitation programs.
Historical developments Ihiring the 1970s, growing costs associated with lost-time accidents and workers’ compensation payments prompted criticism ofexisting OHS legislation. Specific criticisms included the following” I the legislation did not cover all workers or hazards in the workplace 2 risk standards were frequently inconsistent and multiple Acts applied within each workplace
• Table 10.1 OHS law in Australia (before January 20121
STATE/REGION Commonwealth/Federal
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• Occupational Health and Safety (Commonwealth Employment( Act 1991 land Regulations 1991) • OccupationalSays “C toentYpeni”saantrAl:td178ZAndctReg”‘u’llaTi’odn=ns 99′ – Seafarers Rehabilitationdand Compensation Act 1992 land Regulations 1993) Australian Capital Territory • Occupational Health and Safet y Act 1989 land Regulations 1191) • Workers Compensation Act 1951 land Regulations 20021 New South Wales Queensland • Oaupational Health and $aleyACt 20001and Regulations 20011 • Workplace injury Management and Workers Compensation Act 1998Iand Regulations 20021 • Dangerous Goods (Road and Rail Transport( Act 2005 • Work Health (Occupational Health and Sale y/ Act 2006 • Workers’ Compensation and Rehabilitation Act 2003 land Regulations 20031 • Workplace Health and SafelyAct 19951and Regulations 19971- amended by Workplace Health and Safety and Other Legislation Amendment Bill 2008 South Australia • Occupational Health, Safety and Welfare Art 1986 land Regulations 16951 Western Australia • Workers Rehabilitation and Compensation Act 1986 land General Regulations 19991 Workplace Health 7anfdety7Ancr1″97:1’andAgg78.loannsd1R99981″‘n”‘” • Workplace Safety (Additional Measures( Act 2008′ • Accident Compensation (Occupational Health and Safely( Act 1996 • Accident Compensation Act 1985 • Occupational Health and Safety Act 2004 • Workers Compensation Act 19581and Regulations 1995) Occupational Hult”!ndarn7ZA;a9″ tdenicjita;i97/1:96’ Regulations na” nd Amendment • Workers Compensation and Rehabilitation Act 1981 land Regulations 19821 • Occupational Safety and Health Amendment Regulations 120081 Saxe,..1fro•0045.4,t
3 enforcement of the As was conducted by several government agencies, usually with severely limited resources 4 established standards generally represented only the minimum requirements and differed from state to state 5 no systematic reviews occur,
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