Industry News

The Managing Director of AW Workwise Annette Williams is a member of the following:

AW Workwise will keep you up to date with what is happening within the industry.

The NSW Government has released the much anticipated report of the review of the OHS Act and controversial proposals received in 2006. The Stein Report (conducted by former Supreme Court Judge Paul Stein) was commissioned by the NSW Government after unions and employers were unable to reach agreement over central aspects of the draft legislation.

Among 49 recommendations, the report has recommended the “reasonably practicable” definition be included in the general duty of core provisions.

Stein agreed with the recommendation made by the review that “so far as reasonably practicable” be included in the statement of the general duty of care.

He also recommends the adoption of the

model that the onus of proving “reasonably practicable” should fall to the defendant - i.e. employer, individual, designer etc. - on the balance of probabilities, which is a lower burden of proof based on civil, rather than criminal statutes.

This change to the NSW legislation would bring it more into line with other Australian States.

It has been reported in the media that unions believe that this change will weaken the prospects of successfully prosecuting employers for breaching their workplace safety obligations.

Some commentators have noted that the intent of the recommendations, as a whole, is to ensure that all parties involved in work are equally responsible for safety according to what they ‘reasonably and practicably’ control.

To view the report, including all recommendations, in its entirety click here 481Kb PDF

Workplace health and safety regulators across Australia and New Zealand will join forces to target falls prevention in the construction industry in the New Year. They will have a particular focus on small- and medium-sized projects.

Authorities will begin conducting site inspections in February and March 2008.

The prevention of falls has become a priority focus area for Australia’s workplace safety authorities because they are the single-biggest cause of workplace deaths in the construction industry.

“You don’t have to fall from a great height to be killed, end up in a wheel chair or with brain damage,” stated Heads of Workplace Safety Authorities chair, John Watson. “There have been deaths from falls considerably less than two metres. Frequently, it is the employer themselves.”

Let us know if you have any questions in regards to working at heights.

NSW Minister for Industrial Relations, John Della Bosca, announced on 8^th November, 2007, a series of workers compensation improvements to cut red tape for business and improve access to benefits for injured workers.

The latest changes are in addition to next month's WorkCover premium reduction, which will bring the annual discount to NSW businesses to $785 million.

Under new WorkCover legislation to be presented to the NSW parliament this session:

Mr Della Bosca said the new arrangements would not reduce protection for workers, even though the smallest companies and households would not be required to purchase policies.

"A number of these changes align NSW with Victoria, further simplifying arrangements for multi-state businesses." Mr Della Bosca said.

The legislation will be introduced in the current spring session of the NSW Parliament.

The NSW Government confirmed it will continue to manage the state’s workers compensation scheme, amid speculation that large insurers wanted the scheme to be at least partially privately underwritten.

The State Government has been under pressure from large insurers to move from a public to a privately underwritten scheme.

Employer groups had expressed concern about the move, due to fears of a possible premium rise.

WorkCover NSW CEO, Jon Blackwell, has today confirmed that the agency will continue to manage the state’s workers compensation scheme by contracting with third party agents to provide claim and policy services.