Impact of harmonised OHS laws on senior manager responsibilities
The proposed new 'harmonised' OHS laws (for more details go to http://www.safeworkaustralia.gov.au/swa/ModelLegislation/Developing...), which have just received yet another sign off by Workplace Relations Ministers around the country, will have a significant impact on both senior managers and public sector departments here in the ACT, for two reasons at least.
Firstly, the agreement to remove the Shield of the Crown will remove the public sector's immunity from prosecution and bring it into line with the private sector. This alone will send shockwaves through the higher echelons of the APS and the ACTPS.
If that is not enough, the significant increase in individual fines and the increased focus on officers' responsibilities - with fines for the highest of 3 categories of breaches incurring up to $600,000 in fines and/or 5 years jail - will certainly get their attention!
Although these changes will seem radical in a public sector which has been protected from prosecution in this area for a long time, the public sector in many of the other states already operates under these conditions - so the sky won't really fall in.
Nonetheless, I anticipate an increased willingness among senior public sector executives in Canberra to take health and safety seriously once the harmonised laws are enacted.
Firstly, the agreement to remove the Shield of the Crown will remove the public sector's immunity from prosecution and bring it into line with the private sector. This alone will send shockwaves through the higher echelons of the APS and the ACTPS.
If that is not enough, the significant increase in individual fines and the increased focus on officers' responsibilities - with fines for the highest of 3 categories of breaches incurring up to $600,000 in fines and/or 5 years jail - will certainly get their attention!
Although these changes will seem radical in a public sector which has been protected from prosecution in this area for a long time, the public sector in many of the other states already operates under these conditions - so the sky won't really fall in.
Nonetheless, I anticipate an increased willingness among senior public sector executives in Canberra to take health and safety seriously once the harmonised laws are enacted.
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