Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Safety and Health Convention, 1981 (No. 155) - Australia (Ratification: 2004)

The Committee notes the observations of the Australian Council of Trade Unions (ACTU), received on 2 September 2015.

Article 8 of the Convention. Model work health and safety (WHS) laws. The Committee notes the Government’s indication that Safe Work Australia conducted a review of the model WHS laws over the period 2014–15 to identify ways they could be improved, with particular focus on reducing the regulatory burden, and that a scheduled review will be undertaken in 2016–17. It also notes the observations of the ACTU that Safe Work Australia’s commitment “to reducing and eradicating unnecessary over-regulation” will result in a reduction of the workers’ protection laid down in the model WHS Act and Regulations. The ACTU states that there is no evidence of over-regulation impeding an employer’s ability to provide healthy and safe workplaces given the high level of diseases and injuries. It adds that several proposed changes will undermine access to appropriate training and reduce the capacity of workers’ representatives to inquire into aspects of occupational safety and health (OSH). Recalling that the aim of the national OSH policy, and of the legislation that gives effect to it, shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimizing, so far as it reasonably practicable, the causes of hazards inherent in the working environment, the Committee requests the Government to provide information on the manner in which the most representative organizations of employers and workers are consulted in the review of the model WHS laws, and to provide information on the outcome of these consultations.

Article 9. Enforcement. The Committee notes the information provided by the Government, following its previous request, concerning penalties in relation to gross negligence or reckless endangerment causing the death or serious injury of a worker. The Committee also notes the observations of the ACTU that a significant improvement is required with respect to the enforcement of laws and regulations concerning OSH. The ACTU states that inspectors do not enforce existing provisions concerning the election and training of health and safety representatives and that the OSH aspects of psychological health are ignored. With respect to New South Wales, the ACTU indicates that in the period 2006–07 to 2013–14 infringement notices in the State dropped significantly from 726 to 69 and that the number of successful safety prosecutions dropped from 300 to 41 over the same period. The Committee requests the Government to provide information on the measures taken to ensure the enforcement of safety and health laws and regulations, and to provide information on the measures taken specifically in this respect in the State of New South Wales.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting imminent and serious danger. The Committee previously noted that, while the model WHS Act gives full effect to Articles 13 and 19(f) of the Convention, the Occupational Health and Safety Act, 2004 (Victoria), the Occupational Health, Safety and Welfare Act, 1986 (South Australia) and the Offshore Petroleum and Greenhouse Gas Storage (OPGGS) Act, 2006 do not. In this respect, the Committee notes the Government’s indication that under the OPGGS Act, workers are protected from dismissal or other prejudicial action by the employer if they have ceased or propose to cease to perform work in accordance with a direction by the health and safety representative. Moreover, with respect to the Occupational Health and Safety Act, 2004 (Victoria), and the Work Health and Safety Act (South Australia), the Government indicates that a health and safety representative can direct that unsafe work cease. With reference to paragraph 151 of its General Survey of 2009 on OSH, the Committee recalls that the protection of workers when they have removed themselves from situations they believe present an imminent and serious danger to their life or health, should not be conditional on the decision of a safety officer or representative. The Committee requests the Government to take the necessary measures to bring the Offshore Petroleum and Greenhouse Gas Storage Act, 2006, into conformity with the Convention in this respect, and to ensure that steps are taken in this regard with respect to the Occupational Health and Safety Act, 2004 (Victoria), and the Work Health and Safety Act (South Australia).

Article 21. Absence of expenditure for workers. The Committee previously requested the Government to provide information on the implementation of Article 21 in Victoria, Western Australia and South Australia. In this respect, it notes the Government’s indication that South Australia now implements the model WHS laws, which give effect to Article 21. However, with respect to Victoria and Western Australia, the Committee notes the Government’s indication that no further measures have been taken on this matter. The Committee requests the Government to take measures to ensure that in Victoria and Western Australia OSH measures shall not involve any expenditure for workers.

The Committee is raising other matters in a request addressed directly to the Government.