PERTH (miningweekly.com) – The resources sector has welcomed the results of an independent review into work health and safety (WHS) legislation, which found that the laws are operating as intended, but has raised concerns with some of the recommendations made.

The review, conducted by Safe Work Australia, made 34 recommendations to enhance the WHS framework, including making regulations on psychological health, higher penalties and other measures to strengthen the compliance and enforcement framework and enhance deterrence, and clarifying requirements for meaningful WHS consultation, representation and participation to improve safety outcomes.

“The model WHS laws are largely operating as intended, but I am recommending some changes to provide clarity and to drive greater consistency in the application and enforcement of the laws across jurisdictions,” said independent reviewer Marie Boland.

“The three-tier legal framework is widely supported, and there is a view that it is sufficiently flexible to accommodate the evolving nature of work and changing work relationships,” she added.

The Minerals Council of Australia (MCA) has welcomed the review, with CEO Tania Constable noting that safety was a top priority for the resources sector.

“We are firmly committed to the principle that every individual, whether as a direct employee or contractor, should have the same high standard of workplace safety. 

“MCA acknowledges that the model laws are operating as intended. However, we support a firm, but fair legislative framework that achieves healthy and safe workplaces and provides for appropriate responses if serious offences are proven,” Constable said.

“These objectives should not be at the expense of an environment that encourages prompt learning and sharing of important health and safety lessons. Law reform should not impose oppressive and unnecessary criminal liability on some individuals that does not contribute to general or specific deterrence or improve health and safety outcomes at Australian workplaces.”

Constable said that the MCA did not support the introduction of a new industrial manslaughter clause into the model WHS laws as proposed in the review. 

“MCA has yet to see evidence that the current legislative framework is inefficient in dealing with serious offences. Any issues that are identified can be addressed by appropriate application of the current criminal law,” she added.

“It is important to get the process right in developing new laws, including proper regulatory impact analysis requirements and clear and genuine consultation processes.”