Queensland health and safety reps will be forbidden from halting unsafe work, unions will be hobbled by tighter entry rules, and maximum fines for electrical safety breaches will be 650 per cent higher, under a Bill introduced to the Queensland Parliament yesterday.
State and territory OHS laws can "operate interactively" with the Fair Work Act without undermining the Commonwealth's power to make industrial laws, the Federal Court has confirmed in ruling against an employer in a safety-related entry dispute.
Some 31 of the 45 national reforms aimed at reducing regulatory variations between the states and territories, and saving businesses $4 billion in the process, have been achieved or are on track, but a COAG report shows a number of safety-related reforms have a long way to go.
Employers that rely heavily on contractors are being reminded of the expanded duty of care under the model WHS Act, after a study found most of Australia's biggest real estate and property companies include little or no safety information in company reports.
The model Work Health and Safety Regulations have been updated to incorporate 63 technical amendments that "correct inadvertent errors, clarify policy intent and address workability issues".
Company officers are required by the due diligence provisions of the model WHS Act to collect both "positive" and "negative" safety indicators, according to an occupational health, safety and security lawyer.
The model WHS Act's provisions on discrimination and inspector powers are likely to face scrutiny in a review aimed at identifying Commonwealth laws that "unreasonably encroach upon traditional rights, freedoms and privileges".
New Queensland electrical safety laws and South Australian WHS Regulations take effect in the coming weeks, while Safe Work Australia has released two more draft model Codes of Practice.
