National Review into Model Occupational Health and Safety Laws

11 July, 2008 | Submission This submission for the National Review into Model Occupational Health and Safety Laws is designed to lay out the fundamental principles for the achievement of the highest standards in model OHS laws. The ACTU’s position is based on ACTU policy that has guided union participation in OHS since 1979, restated most recently in the ACTU Charter of Workplace Rights for OHS and Workers’ Compensation.

Informing the ACTU’s position are the overarching principles that OHS law must deliver:

  • The right of all workers to be represented by unions at all levels in regard to all health and safety matters.

  • The right of all workers to the highest level of effective protection to prevent injury, illness and disease.

  • Persons who control and manage workplaces must have responsibility for providing and maintaining a safe and healthy workplace by eliminating hazards at the source.

  • All workers have the right to elect health and safety representatives who have rights and powers to seek resolution on health and safety issues and are protected by the law from discrimination and harassment.

  • No worker shall suffer discrimination, harassment or detriment in their employment due to raising health and safety issues.

  • Unions have a recognised role in improving OHS and must retain the right to enter workplaces on health and safety issues, obtain information and the right to prosecute employers who breach OHS law.

  • All workers have a right to take collective action over any health and safety matter including the right to cease unsafe and unhealthy work.

  • Social legislation not a cost cutting exercise for business and regulators.
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