Public comment
Have your say
When new codes of practice and National Standards are drafted, a period of public comment is provided to ensure that matters raised in the new document receive due consideration. A review group then considers all submissions and makes recommendations to the governing bodies.
The public comment period is an open invitation to anyone to submit comment on any aspect of the document. You do not need to be a member of any particular association or organistation to submit a comment.
Comments from the public are important. Past experience has shown constructive comments can have an important impact on the final outcome.
Documents currently open for public comment
National model occupational health and safety laws
The public comment period for the exposure draft of the national model Occupational Health and Safety Act and accompanying documentation closed on 9 November 2009. Western Australia’s Department of Commerce provided a detailed submission on the proposed legislation.
The Safe Work Australia website includes the submissions received in response to the call for public comment.
Safe Work Australia will now review and analyse all submissions and include appropriate amendments before the model Act is submitted to the Workplace Relations Ministers’ Council (at a meeting expected in the first half of December 2009) for agreement.
Background information
On 4 April 2008, the Commonwealth Minister for Employment and Workplace Relations, the Hon Julia Gillard MP, appointed an independent advisory panel (the Review Panel) to conduct a national review on the development of model Occupational Health and Safety (OHS) laws. The national review into the model OHS laws was completed in January 2009, resulting in two comprehensive reports
On 18 May 2009, the Workplace Relations Ministers’ Council (WRMC) met to consider issues relating to the Review Panel’s recommendations. The Hon Troy Buswell MLA, Minister for Commerce advised the meeting that the Western Australian Government is prepared to accept the vast majority of the recommendations although it was unable to support the following recommendations which revolve around process:
- the introduction of a conciliation concept for resolution of issues;
- power for health and safety representatives to stop work;
- reverse onus of proof for discrimination issues;
- level of penalties; and
- right of entry.
Western Australia also raised concerns about the two thirds majority voting process to be adopted by the Council saying it had the potential to be open to abuse in future decision making processes.
The WA Government will continue to participate in the harmonisation process and as a member of the new Safe Work Australia Council. At this stage, however, it is not committing to a system that may not be in the best interests of Western Australian workers and businesses.
The Outcomes from the 18 May WRMC. - this includes the meeting Communique and a copy of the WRMC response to each of the Review Panel’s 232 recommendations.
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25 September 2009 |
WRMC approved model legislation exposure draft and consultation Regulation Impact Statement for public comment. Closing Monday 9 November 2009. |
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25 September 2009 |
Stage One: model regulations associated with core functions, obligations or powers, arising from the recommendations from the national review released for public comment. Closing Monday 9 November 2009. |
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December 2009 |
Model legislation submitted to WRMC for agreement. |
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December 2009 |
Draft model regulations developed and progressively submitted to WRMC for decision. |
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Progressively from late 2009 |
Stage Two: model regulations on matters addressed in existing national OHS standards. |
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Progressively from late 2009 |
Stage Three: model regulations on matters currently included in regulations in two thirds, or more, of the jurisdictions. |
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Early 2010 |
Stage Four: model regulations on matters currently included in regulations in one or several jurisdictions. |
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Progressively from late 2010 |
Development of model Codes of Practice. |
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December 2011 |
All jurisdictions have implemented the model Act and regulations. |
Man overboard - Prevention and response
WA’s Commission for Occupational Safety and Health has called for public comment on a draft code of practice on 'man overboard' for the commercial fishing industry.
The draft code outlines ways in which to address the risks associated with accidental falls from commercial fishing vessels, and covers both the prevention of falls and the emergency responses if a man overboard incident occurs.
Comments can be made by:
Email: worksafersvp@commerce.wa.gov.au
Post: Executive Officer Commission for Occupational Safety and Health, PO Box 294, WEST
PERTH WA 6872
Fax: (08) 9321 2148
Phone: (08) 9327 8777
All comments will be considered.
Please submit your comments by 27 November 2009.
Prevention and control of Legionnaires' disease
The Commission for Occupational Safety and Health is seeking public comment on the draft code of practice for the prevention and control of Legionnaires' disease. The draft code of practice is intended to replace the current code of practice when it is finalised.
Comments can be made by:
Email: worksafersvp@commerce.wa.gov.au
Post: Executive Officer Commission for Occupational Safety and Health, PO Box 294, WEST
PERTH WA 6872
Fax: (08) 9321 2148
Phone: (08) 9327 8777
All comments will be considered.
Please submit your comments by 5 October 2009.
Documents recently closed:
- Draft code of practice: Safeguarding of machinery and plant
- Draft code of practice for Safe design of buildings and structures (now published)
- Draft National Code of Practice for the Prevention of Falls in Housing Construction
- Plant design regulations
Review of the Occupational Safety and Health Act
- 2006 - Richard Hooker
- 2002 - R Laing review