SMEs urged to prepare for harmonised OH&S laws despite the fact Victoria and WA will miss January 2012 start

Businesses are advised to work towards harmonised occupational health and safety laws, despite Victoria and Western Australia calling for a delay on the long-mooted changes that are due to take effect in January 2012.

New South Wales, Queensland and the Australian Capital Territory Governments have passed the national uniform model. AIG chief Heather Ridout says the matter is currently before the South Australian and Tasmanian Parliaments, and there are expectations the Northern Territory will proceed shortly.

But Victoria and Western Australia, run by Liberal governments, say although they agree with harmonisation in principle, the January 2012 deadline is too tight given delays in the process throughout the year. They have indicated harmonisation will occur in their states in January 2013.

Hall & Wilcox senior associate Jessica Fletcher says despite the complaints of Victoria and Western Australia, harmonisation is just a matter to timing.

“Our advice to clients is don’t wait – start getting prepared now, because in many ways this is best practice so there’s little downside,” Fletcher says.

Still, businesses operating across the country will need to undertake a “gap analysis”, she says.

Fletcher advises companies to undertake a review of contractor arrangements and their contractor management system, review their policies to reflect new terminology, and make sure their staff are prepared for the changes.

“And at an executive level for businesses, look at the positive obligation on an officer of a company to exercise due diligence to ensure the company is discharging its safety obligation,” Fletcher says.

AIG this week said if Victoria and Western Australia truly believe a longer transition period is needed, “all states have the option of legislating the model Act (which was finalised in 2009) to demonstrate they retain their stated commitment to harmonisation, whilst retaining the option of a later operational date.”

The Housing Industry Association and Master Builders Australia have previously called for a postponement of national harmonised laws, saying more time was needed to prepare, and Independent Contractors Australia have warned harmonisation will place unfair impositions on employers in regards to their employees’ safety.