As such both drafts were re-released for public comment for a brief period this year (the draft Standard in August and the draft Code of Practice in October). These short timeframes were problematic, as they did not allow proper time for industry associations to consult with their constituents in any detail.
From a retail perspective the biggest problem with both the draft Standard and draft Code of Practice is that in their current form they are virtually impossible to comply with. The draft Standard would create an obligation on suppliers to not only run a risk assessment on every item they stock that would be used in a manual task at a workplace (and re-do this process each time there is any change at all to the product) but to keep contact with any end user who uses such a product in the future.
Not only does this create obligations that do not exist in any other OHS jurisdiction in Australia, but also in practice it means you would have an obligation to all consumers who use your products for a manual task at any workplace into the future. In theory you would be required to run a risk assessment on every such item you sell (it is not far fetched to suggest that a hardware retailer would need to risk assess every nail or screw they sold).
The draft Code of Practice in its current form is far too long and detailed for small and medium businesses to be able to apply. There are also numerous obligations in relation to industrial relations issues. The ARA is totally opposed to any OH&S instrument generating obligations for employers in regards to industrial relation issues.
However the ARA with ACCI and other industry groups appears to have successfully lobbied the ASCC and the federal government to have the current draft Standard delayed indefinitely. This represents a victory for common sense as the current draft Standard would have caused havoc for all retailers selling goods used in manual tasks at the workplace.
Although it should follow that the draft Code of Practice will be delayed with the draft Standard, this still might not be the case. The ARA will continue to advocate for the draft Code of Practice to be significantly reformed. Any feedback from you will assist us in forming an industry-wide response to this vital retail issue. If you wish to provide any feedback or obtain a copy of the proposed Code of Practice please contact the Mark Mullins in the Sydney office on (02) 9290 3766.
