Dr LIM - 1996-11-28
The public and industry alike have noticed that the Work Health Authority is taking a higher profile in the enforcement of the Work Health Act, notably with its current safety campaign in the construction industry. In another area, I was the doctor who introduced a very effective occupational health program for North Broken Hill Peko's gold and copper mines in Tennant Creek a few years ago. However, the penalties under our legislation seem to be much lower than those in other parts of Australia. Does the minister have any plans to change this?
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ANSWER
Mr Speaker, this question gives me an opportunity to address the safety campaign that has been running for some time and to advise members of some of the outcomes from that campaign. The campaign has been running since September and has been targeting all safety issues on construction sites, with a particular focus on fall protection, the fencing of sites, electrical safety, scaffolding, and personal protection equipment, such as hard hats and safety boots, which are of particular concern.
At the beginning of the campaign, construction sites were identified and a program of visits was developed. On the initial visit, constructors were advised of the requirements under the Work Health Act, provided with information and warned that failure to comply would result in an infringement notice or an on-the-spot fine being issued. The Work Health Authority operates basically in an educative way. If people do not take notice of this, there are punitive methods, such as on-the-spot fines, that can be applied. Follow-up visits were planned within a week of the initial visit and, if non-compliance was detected, infringement notices were issued or other action taken. Since the beginning of the campaign to 25 November 1996, 153 visits have been made to 48 construction sites and 69 infringement notices or on-the-spot fines, 4 prohibition notices stopping unsafe work and 1 improvement notice have been issued. I am advised that officers are reporting that the campaign is proving effective in ensuring compliance with the legislation in that the number of breaches detected in the last 2 weeks of October showed a noticeable decrease.
I am pleased to advise also that Cabinet has approved the drafting of amendments to the Work Health Act to increase the penalty levels for breaches of the general duty of employers to provide a healthy and safe working environment. The government has agreed to increase the maximum penalty for breaches of the general duty of care from $50 000 to $125 000 for corporations, and from $5000 to $25 000 for individuals. I add that these are the maximum fines that may be imposed, but they are rarely imposed. It works on the adage of `speak softly and carry a big stick'. Following Cabinet approval, drafting instructions are being prepared for Parliamentary Counsel, and I anticipate the bill will be ready early in the new year.
Page 1858
Page 1857
ANSWER
Mr Speaker, this question gives me an opportunity to address the safety campaign that has been running for some time and to advise members of some of the outcomes from that campaign. The campaign has been running since September and has been targeting all safety issues on construction sites, with a particular focus on fall protection, the fencing of sites, electrical safety, scaffolding, and personal protection equipment, such as hard hats and safety boots, which are of particular concern.
At the beginning of the campaign, construction sites were identified and a program of visits was developed. On the initial visit, constructors were advised of the requirements under the Work Health Act, provided with information and warned that failure to comply would result in an infringement notice or an on-the-spot fine being issued. The Work Health Authority operates basically in an educative way. If people do not take notice of this, there are punitive methods, such as on-the-spot fines, that can be applied. Follow-up visits were planned within a week of the initial visit and, if non-compliance was detected, infringement notices were issued or other action taken. Since the beginning of the campaign to 25 November 1996, 153 visits have been made to 48 construction sites and 69 infringement notices or on-the-spot fines, 4 prohibition notices stopping unsafe work and 1 improvement notice have been issued. I am advised that officers are reporting that the campaign is proving effective in ensuring compliance with the legislation in that the number of breaches detected in the last 2 weeks of October showed a noticeable decrease.
I am pleased to advise also that Cabinet has approved the drafting of amendments to the Work Health Act to increase the penalty levels for breaches of the general duty of employers to provide a healthy and safe working environment. The government has agreed to increase the maximum penalty for breaches of the general duty of care from $50 000 to $125 000 for corporations, and from $5000 to $25 000 for individuals. I add that these are the maximum fines that may be imposed, but they are rarely imposed. It works on the adage of `speak softly and carry a big stick'. Following Cabinet approval, drafting instructions are being prepared for Parliamentary Counsel, and I anticipate the bill will be ready early in the new year.
Page 1858
Last updated: 09 Aug 2016