Edition 68, June 2009

National agreement on OHS harmonisation

For the first time governments from each state and territory and the Commonwealth have formally committed to the harmonisation of occupational health and safety (OHS) legislation.

Through an intergovernmental agreement the harmonisation of OHS legislation which will ensure that businesses can comply with one set of laws regardless of which state or territory they are operating in.

Effectively managing workplace safety issues not only ensures a safer workplace for all Australians, but has a very significant effect on performance and productivity.

While we are all taking steps in the right direction, more needs to be done. Over 135000 Australians are seriously injured at work every year and more than 260 die as a result of work-related injuries.

Currently all states and territories are responsible for making and enforcing their own occupational health and safety (OHS) laws. Although these draw on a similar approach for regulating workplaces, there are some differences in the application and detail of the laws. Over the last 20 years there have been efforts at the national level to make OHS regulations more consistent by developing National OHS Standards and Codes of Practice. But there was no binding obligation on governments to adopt these national standards.

By committing to the harmonisation process, the Commonwealth and State and Territory governments recognise that each jurisdiction will face some changes in their current OHS arrangements.

This will not be at the expense of the safety of Australian workers. This regulatory reform will reduce the costs borne by business in complying with unnecessary and inconsistent OHS regulation.

SafeWork Australia will act as an independent body to develop national model OHS legislation. This requires each state and territory to pass their own laws that mirror the model OHS laws and adopt them by 2011.

Harmonising OHS laws aims to provide greater certainty and protections for all employers and employees. These laws will better protect the lives and health of all Australians and help everyone return home from work safely.

The Workplace Relations Ministers' Council (WRMC) agreed to a framework for uniform OHS laws. The WRMC considered and responded to the recommendations of the National Review into Model OHS Laws (the Review) and in so doing, decided on the optimal structure and content of a model OHS Act to be adopted by the Commonwealth, state and territory governments.

To view the WRMC communique on the decision visit www.deewr.gov.au/Ministers/Gillard/Media/Releases/Pages/Article_090520_130430.aspx

For more information on workplace safety and the harmonisation of OHS legislation visit www.safeworkaustralia.gov.au/swa/ModelLegislation/New+National+OHS+Framework/

This page was generated on 14 October, 2009

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