SafeWork SA is seeking additional feedback and to re-confirm views of local stakeholders on the recommendations of the Review of the model work health and safety laws (2018 Review).

Following an independent review process, the 2018 Review was released in February 2019. The 2018 Review made 34 recommendations on how the model work and health safety laws could be improved to operate more effectively.

In response to this, Safe Work Australia developed a Consultation Regulatory Impact Statement (Consultation RIS) which sought stakeholder feedback on the recommendations and alternative options to address the problems identified by the 2018 Review.

While the Consultation RIS covered all 34 of the 2018 Review recommendations, Safe Work Australia was particularly interested in stakeholder views on 12 of the recommendations which required further information and analysis to assess their impact.

These focus areas include:

– introducing regulations dealing with psychological health;

– new arrangements for health and safety representatives (HSR) and work groups in small businesses;

– clarifying workplace entry of HSR assistants and WHS entry permit holders;

– providing HSRs with choice of training course;

– providing a process for resolving disputes about WHS issues;

– including gross negligence as an element of the Category 1 offence; and

– introducing an industrial manslaughter offence.

The Consultation RIS was released for comment in June 2019. CLICK HERE to view an electronic copy.

While the current coronavirus pandemic had initially delayed progress on the 2018 Review recommendations, the Commonwealth, State and Territory Work Health and Safety (WHS) Ministers are now in a position to consider the outcomes of the 2018 Review. This process involves WHS Ministers identifying areas of agreement where Safe Work Australia can commence progressing work as soon as possible, and areas which Ministers wish to discuss further such as recommendations with significant regulatory impact.

While development of both the 2018 Review and the Consultation RIS involved extensive stakeholder consultation, the State Government is seeking additional feedback and to re-confirm views of local key stakeholders. Your feedback will help to further inform South Australia’s position on the 2018 Review recommendations.

You are invited to provide SafeWork SA your updated views and feedback (including any unchanged positions) on the Consultation RIS and the 12 recommendations of the 2018 Review it focusses upon. It would be helpful to share any submissions that were previously prepared during the Safe Work Australia consultation on the Consultation RIS, when providing your feedback.

Please provide your feedback to swsapolicy@sa.gov.au by 31 December 2020.

Should you require any further information on this consultation or the 2018 Review recommendations, please contact Jamie McAllister, Senior Policy Officer, SafeWork SA by phone on 8303 0271 or via e-mail to swsapolicy@sa.gov.au