Significant developments in occupational health and safety in Australia's construction industry

International Journal of Occupational and Environmental Health

Volumn 13, Issue 1, 2007, Pages 12-20

  Fraser, Lindsay ^a   Moloney, Bernadette ^b  

^a Construction and General Division ^*  (Australia)

^b CFMEU Mining and Energy Division   (Australia)

Author keywords

Australia; Construction industry; Legislation; Occupational health and safety; Unions

Indexed keywords

AUSTRALIA; BUILDING INDUSTRY; GOVERNMENT; INDUSTRIAL WORKER; LAW; OCCUPATIONAL ACCIDENT; OCCUPATIONAL HAZARD; OCCUPATIONAL HEALTH SERVICE; OCCUPATIONAL SAFETY; PRIORITY JOURNAL; REVIEW; TRADE UNION; WORK CAPACITY; WORKPLACE;

EID: 33947502715     PISSN: 10773525     EISSN: None     Source Type: Journal    
DOI: 10.1179/oeh.2007.13.1.12     Document Type: Review

References (31)

1. Ferguson A. Construction worker killed at Westfield Tuggerah. 〈http://www.cfmeu-construction-nsw.com.au/safety251004. htm〉; Ferguson A. Widow returns to site of husband's death to promote safety. 〈http://www.cfmeu.asn.au/construction/press/nsw/20050316_ohsdeaths. html〉; Ferguson A. Memorial unveiled for father killed. 〈http://www.cfmeu-construction-nsw.com.au/news211005.htm〉.
2. 〈http://www.cfmeu.asn.au/construction/press/nsw/20041105_ohsalert. html〉.
3. Hildebrand J. Dead worker was a dad. Daily Telegraph. 2005; January 17:5; Weston P. Toppling crane kills workman. Sunday Mail. 2005; January 16:32.
4. Hildebrand J. Contractor killed under concrete slab. Daily Telegraph. 2005; February 9:9.
5. Porter J, Mcdonald A. 12 hours to notice worker died. The Australian. 2005; July 6:3; Glendinning L. Workman drowns in sediment pond on railway link site. Sydney Morning Herald. 2005; July 6:4.
6. National Occupational Health and Safety Commission. National Standard for Construction Work. 2005; NOHSC 1016:i.
7. Building and Construction Industry Improvement Bill 2005. For a summary of these regulations go to 〈http://www.cfmeu.asn.au/construction〉, Current Campaign.
8. Packham B. Unions back safety laws. Herald Sun. 2005; April 29:30; Andrews K. Key Workplace OHS policy issues for the next decade. 2005; April 28, Melbourne Town Hall Speech. 〈http://www.dewr.gov.au/ ministersAndMediaCentre/mediacentre/〉.
9. The national strategy target for work-related injury is a reduction of 40% by 2012, with a minimum reduction of 20% by June 2007. The targeted reduction for deaths is 20% by 2012, with a minimum of 10% achieved by June 2007: Andrews K. Key workplace OHS policy issues for the next decade. 2005. April 28: 2. 〈http://www.dewr.gov.au/ministersAndMediaCentre/media centre/〉.
10. NOHSC: 1016 (2005). 〈http://www.nohsc.gov.au/〉.
11. Hildebrand J. Work deaths rising as prosecutions fall. Daily Telegraph. 2005; February 14:19. WorkCover convictions down 10%, penalty notices down 27% while prohibition notices up 47%, improvement notices up 42% comparing 2002-03 and 2003-04; NSW Legislative Council Inquiry into Serious Injury and Death in the Workplace. 2004:110: in NSW which has the highest penalties for offences, only 9% of cases attracted 50% plus of the maximum penalty or above. Cf. South Australia's Workplace Services reported that it tripled the number of worksite visits in 2004; 30 new investigators were employed; convictions rose to 31 (from 21 in 2001), with infringement and prohibition notices jumping to 2748 (from 532) and 814 (from 184), respectively: Littley B. Employers on notice over unsafe practices. The Advertiser. 2005; Feb 25:23.
12. Sutton J. Government should punish negligent employers, not unions. 2004; Dec 9. 〈http://www.cfmeu.asn.au/construction/press/nat/20041209_punish. html〉; Hildebrand J. Daily Telegraph. 2003; October 31: 4 and 32; also NSW Inquiry Report as note 11.
13. ACT Crimes (Industrial Manslaughter) Act. 2003. 〈http://www. legislation.act.gov.au/a/2003-55/default.asp〉.
14. Ministerial Statement on Workplace Fatalities. 〈http://workcover. nsw.gov.au/workplace+death.htm〉. The site includes a PDF of the NSW Occupational Health and Safety Amendment (Workplace Deaths) Bill 2005, which became law on June 15, 2005. For the Victorian Occupational Health and Safety Act 2004 go to: 〈http://www.workcover.vic.gov.au/〉. The WA Occupational Safety and Health Legislation Amendment and Repeal Act 2004 is at: State Law Publisher Western Australia Legislation, 〈http: //www.slp.wa.gov.au/statutes/swans.nsf〉. For Employment Minister Kobelke's comments on the new rules go to: 〈http://www.cfmeuwa.com/cfmeuwa/ health#892〉.
15. See ABC News February 2, 2005, and interview with Treasurer Peter Costello by Kerry O'Brien on the 7.30 Report.
16. Andrews K. Key OHS policy issues. 2005: 2. Cf. The Australian Council of Trade Unions (ACTU). Government seeks immoral exemption from Industrial Manslaughter Law. 2004; April 2. 〈http://www.actu.asn.au/public/news/ 〉.
17. Priest M. Draft fatality law reworked. Australian Financial Review. 2005;May 6:21.
18. For the Code of Practice go to: 〈http://www.safetyline.wa.gov.au/ pagebin/pg003155.htm〉.
19. More details can be found on the WA Safetyline web site: 〈http://www1.safetyline.wa.gov.au/〉.
20. Report on the formwork blitz, go to Victoria's WorkCover site: 〈http://www.workcover.vic.gov.au/vwa/home.nsf/pages/con struction_safety〉. The CFMEU Formwork campaign checklist can be downloaded from: 〈http://www.cfmeu.asn.au/construction/ohs/hazard/index.html〉. For an update on the campaign, see Make It Safe: Construction Safety Newsletter. 2005; 7:3, and 〈http://www.cfmeu.asn.au/construction/ohs〉. For the Qld Code go to: 〈http://www.dir.qld.gov.au/〉.
21. Office of the Australian Safety and Compensation Council. Statistical Report Notified Fatalities July-Dec 2004. 〈http://www.nohsc.gov.au/ Statistics/publications/#compendium〉.
22. Recent incidents include, for example, the early-morning demolition of a liquor shop on Huonville's main street in Tasmania, without using a licensed removalist, even though the building was known to contain extensive sheet asbestos. Reported by Mather A. Alarm over asbestos. Hobart Mercury. 2005;September 29:11. CFMEU Tasmanian Bluey 2005; November:3.
23. For the ACTU statement on the agreement and full coverage of the James Hardie campaign, go to the ACTU website, 〈http://www.actu.asn.au/public/ campaigns/〉. See also Workers Online, 〈http://workers.labor.net.au/ latest/〉.
24. For all submissions, see the Senate Community Affairs Committee Toxic Dust Inquiry. 2005. 〈http://www.aph.gov.au/Senate/committee/clac_ctte/ toxic_dust/index.htm〉.
25. BTG Drug and Alcohol Safety and Rehabilitation Program. 〈 http://www.btgda.org.au/〉.
26. For details of the new powers go to the CFMEU Construction National web site, Current Campaign section, 〈http://www.cfmeu.asn.au/ construction〉.
27. The Cole Royal Commission into the Construction Industry (2001-03) took evidence showing that commercial construction [which has higher union membership] had fewer compensation claims than housing and civil construction. Cf. studies of U.K. and Irish construction industries confirming unionized workplaces were safer. Submission of the CFMEU 2002:5 to the Cole Royal Commission on Discussion Paper 6: Workplace Health and Safety, 〈http://www.royalcombci.gov.au/〉.
28. See Submission of the CFMEU 2002:4 to the Cole Royal Commission on Discussion Paper 6: Workplace Health and Safety, 〈http://www.royalcombci. gov.au/〉.
29. For an outline of the Federal Safety Commissioner's role and priorities see: Fisher T. Reforming Industrial Relations and OHS in the Building and Construction Industry: Driving Cultural and Behavioural Transformation. 2005; July 14.
30. National Code of Practice for Construction & Guidelines: 〈http://www.workplace.gov.au/workplace/Organisation/Industry/ BuildingConstruction/〉. For examples of the ways the Howard government has used the Code over the past few years to threaten contractors who sought agreements with unions, see national press releases on the CFMEU Construction web site: 〈http://www.cfmeu.asn.au〉. Some of the employer associations have sought to take advantage of the government's anti-union stance and push for further deregulation. See, for example, the CFMEU's response to the Master Builders' Association Blueprint for OHS released in September 2005: MBA OHS Blueprint' would lead to poorer safety, 〈http://www. cfmeu.asn.au/ construction/press/nat/20051014_MBAOHS. html〉. On the need for employers to adopt more practical approaches to resolving safety matters with their workforces, see Borger H. Building accidents deconstructed. National Safety. 2005:July:33-7.
31. As this article went to print, in mid 2006, the Australian government had introduced the OH&S and SRC Legislation Amendment Bill, which will allow employers who operate in competition with a current or previous Commonwealth authority (almost every big employer) to self-insure under the Commonwealth Safety Rehabilitation and Compensation Act and also come under the OH&S (Commonwealth Employment) Act, which removes employers' requirement to comply with state and territorial OHS laws. The government has also initiated a review of the Occupational Health & Safety Act that specifically questions the concept of designated work groups, the right of workplace OHS representatives to issue PIN notices, and the general rights of workplace OHS representatives, and excludes the union from involvement in the election of workplace OHS representatives.