Minerals Council says NSW is a roadblock to reform on OHS harmonisation

The NSW Minerals Council has stated that NSW Government policy is acting as a ‘roadblock to reform’ in the historic national OHS harmonisation process.

Commenting on the government’s recent decision, CEO of the NSW Minerals Council Dr Nikki Williams said: “While the national reform agenda was a giant leap forward for safety and productivity, the stance taken in NSW resembled two giant steps back.

“The NSW Government is saying that people accused of a breach of OHS laws should be assumed guilty. Not even murderers, child sex offenders or Guantanamo Bay detainees have to prove their innocence.

“People who willfully or negligently breach safety legislation should feel the full weight of the law. But the current OHS laws in NSW deprive accused persons and defendants of basic legal and human rights. Why should employers enjoy lesser legal rights than anyone else accused of an offence?

“And why should organisations, like unions, that aren’t independent, be able to launch prosecutions against individuals? It undermines the process and goes against the principles of the Westminster legal system.

“We support the OHS harmonisation process, but we cannot support the inclusion of bad law from this state forming part of the new national regime.

“The idea that the new national laws will lead to a ‘lowest common denominator’ approach to safety is wrong. Retaining these draconian laws in the name of better safety outcomes is a falsehood.

“A national OHS framework is crucial to improving safety in workplaces across the country. It will eliminate the tangled web of red tape across state borders, particularly for people working in companies that operate in a number of jurisdictions. The new Model Act will finally allow us to focus solely on safety and health, rather than wrestling with eight different compliance regimes.

“The Australian minerals industry has the best safety record in the world. We are committed to the health and safety of our workforce and we are continually striving to reach our target of zero injuries. It is simply our number-one priority and the new Model Act will help towards the industry’s goal.”