Edition 52, November/December 2007

The new National OHS Framework: achieving national consistency

Background

In February 2006, the Council of Australian Governments (COAG) agreed to a new national competition policy reform agenda in response to a report from the National Competition Policy Review Working Group. The new reform agenda contains a number of decisions for action aimed at reducing regulatory burdens on industry. The report identified a number of regulatory hot spots for action, including occupational health and safety (OHS) regulation.

In response to the COAG reform agenda and the release of the Rethinking Regulation report, which identified issues with the cross-jurisdictional OHS regulatory environment,, the Australian Safety and Compensation Council (ASCC) developed a strategy to revise the national OHS framework to achieve greater national consistency across OHS jurisdictions' regulatory frameworks.

The new National OHS Framework

The new National OHS Framework will consist of:

  • National standards declared by the ASCC that will be the basis for jurisdictional regulations. National standards will be focused on safety and health requirements and will be specified as safety outcomes where possible.
  • National codes of practice declared by the ASCC that will be the basis for jurisdictional approved codes of practice. The codes will provide more focused practical guidance on how to meet a safety outcome.
  • A core elements document that will provide the foundation for the consistent development of jurisdictional Acts and regulations by specifying the objects, principles and common general duties of care of a harmonised legislative system. It will guide those who draft, administer or are subject to OHS legislation to understand the intent of a nationally consistent OHS regulatory framework.
  • A handbook that will document the agreed approach of the ASCC to the governance of the National Framework. It will describe the key components and the processes for their development, implementation and review.
  • Guidance material.
  • Regulatory interpretation documents.

The elements of the framework are intended to link with the OHS jurisdictions - legislative and regulatory arrangements.

The interim core elements document

At its meeting of 22 August 2007, the ASCC endorsed, on an interim basis, a document that sets out the common elements of general duties of care for OHS for the purpose of progressing work on national standards and codes under the new framework.

This agreement will enable the ASCC to progress its standard-setting responsibilities while more work is undertaken to develop the core elements that will make up an agreed approach to a more harmonised system of general duties.

It is intended that the core elements document will be a 'living' document - recognising that reform and further development of a national approach must be guided by the need to:

  • address the wide variety of arrangements under which work is performed
  • comprehend new and emerging risks in workplaces
  • reduce duplication and confusion created by inconsistent and potentially conflicting OHS regulatory frameworks, and
  • create greater certainty and a better understanding of OHS requirements.

Other key issues in implementing the framework include the following:

  • streamlining development of national standards and codes
  • aligning the national and jurisdictional stakeholder consultation processes that take place whenever a new standard or code or code of practice is developed or when an existing standard or code of practice is reviewed
  • aligning jurisdictional timetables for implementation of national standards and codes of practice in jurisdictional legislation (as regulations or approved codes of practice), and
  • promoting consistent uptake of national standards and codes of practice in all jurisdictions.

For more information on the National OHS Framework visit www.ascc.gov.au/ascc/AboutUs/NationalOHSFramework

 

This page was generated on 18 February, 2010