Kevin Jones’ Post

The latest changes made by the Work Health and Safety and Other Legislation Amendment Act 2024 and the Work Health and Safety and Other Legislation Amendment Regulation 2024 commenced on 29 July 2024. The changes clarify and enhance the work health and safety legislative framework and follow earlier changes that commenced on 28 March and 20 May 2024.   The changes that have come into effect will: ·      clarify the powers and functions of health and safety representatives (HSRs); ·      enable HSRs to choose their training provider and ensure they are paid their usual pay when attending their training; ·      clarify and streamline issue and dispute resolution processes; ·      clarify the establishment of a health and safety committee (HSC) and an inspector’s role if the constitution of a HSC cannot be agreed; ·      extend the definition of “discriminatory conduct” to include treating a worker less favourably than other workers; ·      change the jurisdiction from the Magistrates Court to the Queensland Industrial Relations Commission (the Commission) for certain work health and safety disputes; ·      give standing to certain entities, such as relevant unions, to apply for an order for a contravention of a work health and safety civil penalty provision; and ·      change the types of decisions that may be reviewed and clarify the costs that can be ordered by the Commission in reviewing decisions. Key changes to the Work Health and Safety Regulation 2011 also: ·      change the timing for HSR training to now require the initial 5-day training course to be completed with 28 days of election, and refresher training to be completed every 12 months; ·      prescribe resources, facilities and assistance necessary for HSRs to perform their roles; ·      clarify what is ‘readily accessible’ for the purpose of negotiations for work group determinations; and ·      reintroduce audiometric testing from 29 July 2025. Visit https://lnkd.in/gMSJ5YTa to find out more. 💼🛠️ #WSHOLAAct2024 #LegislationUpdates #StayInformed

Has the last 50 years of The UK’s Health and Safety at Work Act changed our lives? On 1 June 1974, a fireball rose over the village of Flixborough, Lincolnshire. A chemical plant exploded, killing 28 people and injuring 36. It brought into sharp focus debates taking place at the time about health and safety at work, and beyond. Making its way through parliament was the legislation that, on 31 July 1974, became the Health and Safety at Work Act (HSWA). As the HSWA turns 50, it’s important to understand why it was necessary and how it has changed our relationship with health and safety. The Robens report and HSWA contained radical elements. The Act introduced a unified regulator – the Health and Safety Executive (HSE). Baked into the mechanics of regulation was a seat at the table for employers, unions and the state. In practice, HSE inspectors continued the strategy of persuading employers to make improvements. In 1977, regulations came into force allowing unions to appoint workplace safety representatives. Union membership peaked in 1979 but as it later declined there have been challenges in how the health and safety of non-unionised workers is secured. There were two more major changes introduced by the HSWA. Coverage was extended to include virtually every worker, bringing some five million additional people under its remit. And while previously health and safety had largely been the domain of industrial workplaces, an employer’s duties were extended to consider the public. From the 1980s onwards, health and safety became the focus of increasing public and political debate. Some of this was articulated as red tape holding business back, and a deregulatory agenda (which arguably contributed to the Grenfell Tower fire in 2017). Many of the pressures identified at the 40th anniversary of the HSWA remain. Funding for the HSE has been reduced and the idea of the “legitimacy” of health and safety has been questioned. That these tragedies could happen represents a complex mix of individual, corporate and regulatory failings. Yet, things have improved – not solely due to the HSWA, but this legislation has played a part. In 1974, the rate of fatal injury was 2.9 per 100,000 workers; in 2023-24, it sits at 0.42, representing 138 deaths from work-related incidents. Source – Mike Esbester @ University of Portsmouth #assurance #healthandsafety #documentmanagement

Some great questions being asked here by Chris Peace

Will the NZ Health and Safety at Work Act make it to 2065? The New Zealand Health and Safety at Work Act 2015 is nine years old; will it get to 25, let alone 50? The UK Health and Safety at Work Act 1974 had just turned 50 and, in an opinion piece, the IOSH President, Stuart Hughes, wonders if the UK Act will make it to 2074. I think there is a good chance the UK Act will make it to 100 but, as Stuart notes, much depends on the quality of the UK Regulations made under their Act. In New Zealand we have the same problem - but worse. Most of the Regulations that should have been made in 2015-2016 were to be based on the Australian Regulations but never got beyond the draft stage. Australia is now revising and updating those Regulations. Will the current review of our health and safety regulatory system bring us up to the same quality of regulation as Australia and the UK? Please help ensure we get a better regulatory system and make a submission on the current consultation! https://lnkd.in/gkrHUBMa

Today is the world day for safety and health at work. In 1974 the UK introduced the Health and Safety at Work etc Act. Just 3 years later we recognized the power of trade unions in helping to support and challenge employers with the creation of the Safety Representatives and Safety Committees Regulations. It took until 1996 to work out what to do in workplaces that did not have trade unions - a weaker set of regulations based on elected workplace representatives but without the resources and back up that our trade unions and the TUC, STUC, GFTU provide. When you go in to work checkout the "health and safety at work - what you need to know" and find out who is your health and safety representative. If the box is empty - ask why.

This what Astutis, a Welsh based health and safety consultancy company, is saying about Ireland and its management of health and safety "Ireland stands at the peak of low workplace accident rates, with an incident rate of just 0.45. Similarly to all the other countries on this list, Ireland has in-depth workplace health and safety laws enforced by their own regulatory agency, the Health and Safety Authority (HSA). Ireland also has a tradition of strong social dialogue involving employers, trade unions and government agencies. Collaboration on safety issues is one of the key factors in building a good culture of health and safety. Another reason behind the low incident rate in Ireland is its public campaigns. The HSA runs the Safety Reps Initiative, where designated safety representatives in workplaces receive training and support to proactively address safety concerns. This increased employee participation on top of the tradition of strong dialogue." I happen to agree but feel there is yet more to do.

Facts that the Amended act was passed in 2022. The Minister has decided to made it enforced on 1 June 2024. My Opinion below; 1. This is matter of Laws, after over 2 years, the Association should have time to communicate and prepare its member for it. More time needed? What was the role the Association does for the past 2 years in communicating and preparing its members for the OSHA amendment. 2. Does the Ministry promote enough for the change in Act? Particularly to the SME and the small-SMEs.. 3. On practical note, a Mamak restaurant, Chinese restaurant or any offices that has more than 10 workers, by Act, at least 1 employee needed, be trained and appointed as an OSHA Coordinator. Try ask around, to see if the Mamak or Chinese restaurants or offices you know has a trained and appointed coordinator. Simple test to see if our small-SMEs are ready. Happy surveying..

After years of robust campaigning from the ANMF SA and SA Unions, an amendment to the Work Health and Safety Act 2012 has passed in State Parliament today that will: ✅ Empower members and unions to take all WHS disputes to the SA Employment Tribunal (SAET) to prevent incidents before they occur, rather than simply punishing after the unthinkable happens! SAET has the ability to impose serious civil penalties if orders to fix safety issues are breached; ✅ Improve accountability on SafeWork SA by allowing for more details around safety issues to be made available with worker's victims and families; ✅ Allow for ANMF SA Professional Liaison Officers to take photos and measures to document safety hazards during inspections; ✅ Legislate the newly established SafeWork SA Advisory Committee, where the ANMF SA has robust representation on this Committee, alongside employers and victim advocates, to provide a representative voice alongside decisions made by SafeWork SA. This significant landmark decision is a positive step in the right direction for South Australians in being provided safer, more stringent workplace laws. We Are Stronger Together 💜

SWA reminds us to mark 28 April 2024 as World Day for Safety and Health at Work. In 2022, 195 workers in Australia lost their lives at work, highlighting the need for increased safety awareness. https://bit.ly/3TYbhBQ #WorkSafety #WorkersMemorialDay #WorkSafe #SafetyFirst #WorkplaceSafety #SWA #WorkersMemorialDay #miningERP #PulseERP

The Health and Safety at Work Act at 50. The 1974 Act marked the introduction of a radically different regulatory framework for work health & safety in Britain. Ultimately, however, it was insufficient, argues Phil James. Read his superb analysis here: https://lnkd.in/eXFNicrH