The role of the Federal Safety Commissioner under harmonised laws
The role of the Federal Safety Commissioner (Commissioner) was established in June 2004 on the back of the Cole Royal Commission into the building and construction industry.
The Commissioner’s functions include the promotion of best practice OHS on Australian Government building and construction projects, to develop and administer the Australian Government building and construction OHS accreditation scheme, promote the adoption of safe design on Australian Government construction projects and work in conjunction with industry to identify any initiatives that will assist in improved OHS performance in the construction industry.
With the prospect of harmonised OHS laws being enacted, what will be the future role of the Commissioner under those laws?
The 2nd report published by the OHS Review panel recommended the appointment of inspectors. As all States and Territories have established inspectorates, it is likely that those inspectors would be appointed under harmonised OHS laws to enforce the laws in each State and Territory.
To ensure a consistent approach by a “harmonised inspectorate” it is critical that all inspectors receive training in a nationally uniform compliance and enforcement policy. If no uniform approach exists then true harmonisation cannot be achieved.
The harmonised legislation proposes adopting a uniform compliance and enforcement model, with increased penalties and other enforcement options such as enforceable undertakings (enforceable undertakings are currently available in some jurisdictions). Consistent enforcement of the harmonised laws will allow national employers and employees to devote their time to ensuring the continual improvement of their national safety management system.
The recent agreement by the Queensland Government to adopt the same criteria as that used under the Commissioner’s OHS accreditation scheme for accreditation of its own government related construction work, indicates that there is scope for the Commissioner to take on a co-ordinating role in relation to Federal, State and Territory government construction projects to ensure consistency across all construction sites.
Whether the Commissioner will be required take on a broader regulatory role under harmonised OHS laws remains to be seen. However, given the Federal Government’s commitment to maintaining a separate regulatory body for the construction industry in relation to industrial matters (currently the ABCC), it is more than likely that the Commissioner will continue to perform its current role with a new body established to coordinate the regulators’ implementation of the proposed harmonised OHS laws.
