The Victorian government is currently in the process of finalising new OHS Regulations, which will unite the current 13 separate OHS Regulations in existence. The aim of this process is to simplify Victoria’s OHS regulatory system and to continue to move towards harmonising Victoria’s OHS system with other OHS jurisdictions in Australia.
Overall ARA is of the view that the proposed regulations will simplify the Victorian OHS framework, especially in regards to the requirement of employers to risk control rather than risk assess. However ARA has serious concerns in regards to proposed new regulations relating to consultation with Health and Safety Representatives (HSRs). If the proposed regulations are gazetted in their current form, any workplace that has an HSR where a health and safety issue arises will be forced to consult with the HSR prior to consulting with employees. In addition to this requirement employees in a workplace, where there is an HSR, will be required to communicate any health and safety issues that require resolution through the relevant HSR to the employer. These proposed consultation regulations may prove problematic in the retail industry where the HSR will only be in the workplace for their rostered shifts (presumably 38 hours per week) and may not be otherwise contactable during nightfill, stocktake and other non-rostered shifts should an OHS issue requiring immediate resolution arise at these times.
It is the ARA’s view that these proposed regulations could potentially lead to perverse outcomes which will actually reduce workplace consultation and increase costs for employers, whilst reducing workplace safety standards. ARA is in the process of expressing ARA’s concerns to both Victorian WorkCover Authority and the Victorian Government. ARA wishes to ensure that at a minimum the requirement to involve an HSR in workplace consultation will be mandatory only to the extent that it is reasonably practicable for the employer or the employee to involve the HSR. ARA submissions about the Regulations are available to view at www.ara.com.au.
ARA will inform members about any further developments in this matter and intends to provide a detailed Circular to members when the final set of Regulations are made.
