Workshop on key changes
Background
The Western Australian Government is modernising the State’s safety legislation covering mining, petroleum and major hazard facilities (MHFs) and the Department of Mines and Petroleum (DMP) plans to consolidate the safety aspects of mining, petroleum and MHF legislation into one Act – the Work Health and Safety (WHS) (Resources) Act. DMP is now seeking stakeholder input on the content of the proposed WHS (Resources) Bill1. All information on the consultation is available on Marsden Jacob’s website, here: http://www.marsdenjacob.com.au/work-health-safety-resources-bill/
Stakeholder forum
Through the consultation you are invited to provide comments on: . the proposed reform objectives; . the overall impacts of the proposed reforms; . specific changes (and impacts); and . transitional matters. The focus of today’s forum will be on specific changes.
Summary of changes
To assist stakeholders in commenting on the proposed WHS (Resources) Bill, DMP has identified 21 key changes, including: changes from the current legislation, such as different terminology, or new requirements that result in benefits and/or costs for industry, workers and other stakeholders; other differences or areas of interest (e.g. differences between the proposed bill and model WHS Act). During the workshop, we will discuss whether some of the key changes are less likely to result in lasting changes in compliance costs or safety outcomes (e.g. due to a no substantive change in requirements). Table 1, below, summarises the 21 key changes and highlights in green the changes that appear less likely to result in lasting changes in compliance costs or safety outcomes.
Table 1: Summary of key changes No. Topic/Key Principle 1. Applicable legislation
1 The Bill will become the Act when it is passed by parliament and receives assent of the Governor
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 1. No. Topic/Key Principle 2. Application of the WHS (Resources) Act 3. Decision on application of the WHS (Resources) Act or WHS Act to work sites 4. Primary Duty of Care 5. Person having primary duty of care 6. Other Duty Holders 7. Management of risk 8. Safety case and Safety management system (SMS) 9. Management and supervision / Statutory Positions 10. Penalties 11. Incident notification 12. Incident investigation 13. Administration of the Act by the regulator 14. Powers of regulator and inspectors 15. Enforcement measures 16. Limitation period for prosecutions 17. Officer’s liability 18. Advisory Committees 19. Evidentiary provisions 20. Sharing and publication of information by regulator 21. Board of Inquiry
Workshop elements of the forum
Part 1 of the workshop (prior to morning tea) will discuss topics which are less likely to result in on going changes to regulatory costs or safety outcomes. These are identified by green shading in the table. Part 2 of the workshop (after morning tea) will focus the remaining key changes. Attendees are encouraged to sit in industry group and discuss which of the key changes they support or oppose – and why. The next section of this paper replicates the detailed table of changes from Section 4, page 15 of the Consultation RIS. Minor colour and formatting changes have been made for ease of readability. The final section of this paper gives some guidance for considering the impacts of each of the key changes.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 2. Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 3. Detailed table of changes
Note: For the purposes of this document, petroleum headings include geothermal energy operations and greenhouse gas storage operations. References to the PAGERA, PPA and PSLA is reference to the safety provisions only, all other provisions will remain in the existing legislation.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 4. Table 2: Detailed table of changes Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 1. Applicable Mining: WHS (Resources) Act Legislation is based on the national legislation Mines Safety and Inspection Act 1994 model Work Health and Safety Act. (MSIA) Mining: Incorporates additional Petroleum: provisions from National Mine Safety Petroleum (Submerged Lands) Act Framework (NMSF) and 1982 (PSLA) corresponding definitions. Petroleum and Geothermal Energy Petroleum: The three petroleum Acts Resources Act 1967 (PAGERA) will be retained, but safety provisions Petroleum Pipelines Act 1969 (PPA) from these Acts are being consolidated under the WHS MHF: (Resources) Act. Dangerous Goods Safety Act 2004 Offshore petroleum facilities in (DGSA) Commonwealth waters will continue Occupational Safety and Health Act to be regulated by NOPSEMA under 1984 (OSH Act), regulated by the Offshore Petroleum and WorkSafe WA Greenhouse Gas Storage Act 2006 (Commonwealth) (OPGGSA). MHF: MHF process safety and OSH provisions are being consolidated under the WHS (Resources) Act. Regulation of OSH will transfer from WorkSafe to Resources Safety at DMP.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 5. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 2. Application of Mining: The Act applies to mining Mining: The proposed definition of mining ALL: Scope aligns with model WHS the WHS operations as defined in s.4. It generally operation will be expanded to include: Act. (Resources) covers mining, exploration, process Mines operated by local government; Mining: The proposed definition of Act facilities, ports support facilities etc. and mining operation reflects the NMSF Petroleum: Tourist mines definition, but has been modified PSLA applies to offshore petroleum To provide clarity, the following current slightly to align with the MSIA and facilities, pipelines and diving exclusions will now be explicitly mentioned the Mining Act. operations, and is closely aligned with in the new Act: Railways; public roads; air Inclusion of mines operated by local the OPGGSA. travel to/from mines; fossicking; and government, etc. and tourist mines PAGERA applies to onshore petroleum prospecting under Miners Right. reflects a national level decision. The and geothermal energy operations. Petroleum: regulation of OSH at these sites will PPA applies to onshore licensed Petroleum operations will include onshore transfer from WorkSafe to Resources pipelines. and offshore facilities and pipelines and Safety. MHF: A facility is declared by the Chief diving. Petroleum: The definition of Officer to be a major hazard facility based Offshore facilities will have a simpler ‘petroleum operation’ will be the same on the quantity of prescribed chemicals definition, which still aligns with the for onshore and offshore. intent of the OPGGSA. The regulator under Schedule 1 of the DGSA and Under a separate process, the will have the power to declare, where associated risks, taking into account other PAGERA and PPA are being appropriate, whether a petroleum written laws that apply relevant to safe modified to include greenhouse gas operation is not captured under the WHS storage, handling and transport of storage. This will also be incorporated (Resources) Act. dangerous goods. into the new WHS (Resources) Act. Geothermal operations definition will be unchanged, but the regulator has the MHF: The declaration of MHFs will power to declare whether a geothermal be similar to the current process. energy operation is not captured under the WHS (Resources) Act, based on the scale and complexity of the operation. Greenhouse gas storage operations will be added, to align with another Bill for
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 6. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 3. Decision on Additional powers given to the Minister, Previously, there had been issues application of where doubt exists, to declare a work site with the determination of jurisdiction the WHS to be (or not to be) a resources operation. under the current MSIA and OSH Act. (Resources) A new provision, similar to provisions Act or WHS in the new NSW WHS (Mines) Act, has Act to work been added. sites
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 7. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 4. Primary Duty Mining: S.9 covers primary duty of care All: The primary duty of care is for a Person The duty of care concept has been of Care for an employer. The employer has an Conducting a Business or Undertaking simplified and made broader. obligation towards its employees, (PCBU) towards all workers, including It has removed the ambiguity in the including contractors and labour hire contractors and labour hire workers. relationship between an employer workers. and employee – even where the Petroleum: relationship is through a sub-contract PSLA: Schedule 5, clause 8 covers the arrangement. duties of the operator. The operator of Responsibility for worker health and a facility has an obligation to any safety at Major Hazard Facilities person at or near the facility. (MHFs) will be transferred from PAGERA: Schedule 1, clause 7 covers WorkSafe WA to Resources Safety. the duties of the operator. The operator has an obligation to persons engaged in the petroleum or geothermal energy operation, i.e. employees, including contractors or other protected persons. PPA: Schedule 1, clause 7 covers the duties of the licensee. The licensee has an obligation to persons engaged in the pipeline operation, i.e. employees, including contractors or other protected persons. MHF: S.19 of the OSH Act covers primary duty of care for an employer. The employer has an obligation towards its employees, including contractors and apprentices. This Act is currently regulated by WorkSafe WA.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 8. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 5. Person having Mining: The Principal Employer, who has PCBUs will have primary duty of care for Mining: The concept of Mine primary duty the mining right and overall control of the the operations under their control. Operator has been recommended by of care mine, has specified duties, including the However, the operator/licensee/title holder the NMSF and will replace Principal duty of care for all employees. will have overall primary duty of care for Employer. Petroleum: the entire resources site/facility/operation. Petroleum: PSLA: Operator is registered for Mining: Mine Operator is designated as a Operators are defined as being facilities or diving operations and has PCBU and has similar control and duties as responsible for day-to-day control of the duty of care to any person at or the Principal Employer. the operations. near the facility. Petroleum: Operator will be registered, As the Operator is not always the PAGERA: Operator (who is the title similar to the current PSLA, will be same person as the licensee for the holder) has the duty of care to any designated as a PCBU and has primary duty operation, all operators (including persons engaged in the petroleum or of care. onshore operators) will now need to geothermal energy operation, i.e. MHF: Operator is designated as a PCBU be registered with DMP. employees, including contractors or and has primary duty of care. Onshore: Registration is a new other protected persons. requirement for operations PPA: Licensee has the duty of care to currently covered under PAGERA any persons engaged in the pipeline and PPA. It aligns with the current operation, i.e. employees, including requirements for registration of contractors or other protected persons. offshore petroleum operators. MHF: Under the MHF provisions of the Diving: The Diving contractor will DGSA, the Operator has a general duty to be retained, as per current minimise risk to people, property and the legislation. environment. Offshore: Registration of offshore Under the OSH Act, the employer has the operators will be retained, as per duty of care towards employees, including current legislation. contractors and apprentices. This is regulated by WorkSafe WA.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 9. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 6. Other Duty The current legislation places duties on Similar duties are placed on PCBUs that Control measures for ROCs will now Holders designers, manufacturers, importers and design, manufacture, import, supply and be covered under the new legislation. suppliers of any plant, building or install plant. structure and substances. A new provision will be added to cover There is no specific provision covering Remote Operations Centres (ROCs): Remote Operations Centres (ROCs). A PCBU that controls autonomous or semi-autonomous operations from a remote site (e.g. an office not located at the resources facility) will have prescribed duties in relation to workers at the resources facility. Workers located at the ROC office (i.e. not at a resources facility) will have their health and safety covered under the WHS legislation for general industry. 7. Management Mining: The general risk management is There will be a general risk management High-level provisions on general risk of risk through Duty of Care and the Project provision in the WHS (Resources) Act. management will now be in the Act. Management Plan. Detailed provisions around risk Petroleum: Risk management controls control measures will be in the measures are in the regulations. regulations. MHF: Risk management controls measures are in the regulations.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 10. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 8. Safety case Mining: The Project Management Plan Mining: Mining operations will be required Details of safety case and SMS will be and Safety (PMP) requires management of identified to prepare a Safety Management System in the regulations. management risks at the time of commencement of (SMS). This is an enforceable and living Note: Mining will use Safety mining operations. There is no requirement document. system (SMS) Management Systems – not a safety to update this document as the mining The SMS must be prepared and reviewed in case. operations expand or change. The PMP is consultation with workers relevant to the not an enforceable document. mining stage being undertaken, e.g. Mining: Petroleum: construction (i.e. workers covered by the For proposed new mining operations:, PSLA: WHS (Resources) Act). Initially, an outline of the SMS will be Petroleum facility requires a safety Petroleum & MHF: required, instead of a PMP. The full SMS will be required by the time case. All MHFs and petroleum operations Offshore pipeline requires a pipeline (including pipelines, geothermal energy mining operations commence management plan. and greenhouse gas storage operations) For existing mining operations: A full Diving operations require a diving will require a safety case. SMS will be required. SMS. Diving operations will require a Petroleum: PAGERA: Petroleum and geothermal diving SMS. energy operations require an SMS. The Pipeline Management Plan under PSLA and the SMS under PPA: Pipeline operations require a safety PAGERA will be replaced by a case. safety case in the WHS MHF: Requires safety report covering (Resources) Act. process safety. This excludes worker OSH, Diving: Registration of the Diving which is currently covered by WorkSafe WA. SMS will be retained, as per current legislation. MHF: Safety report will be renamed as a safety case and this will now include coverage of both process safety and worker OSH.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 11. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 9. Management Mining: The Act prescribes statutory The Act makes provision for a Site Senior This is not a new requirement; it is a and positions and advises on other Executive (SSE). change in terminology. supervision / management appointments. These include Mining: The SSE replaces the Registered Registered Manager, Quarry Manager, Statutory Manager. Exploration Manager will be Underground Manager, etc. Positions required, similar to current requirements. Petroleum: The operator’s representative Other statutory positions will be listed in must be present at the facility. the regulations, and will be similar to those MHF: There are no statutory positions. in the MSIA. The operator is the person who has the Petroleum: The SSE replaces the operator’s control or management of the MHF. representative at the facility. MHF: The SSE is the operator’s representative at the facility.
10. Penalties Penalties are covered under the following Penalties will be aligned with national These penalties are consistent with parts of the legislation: model WHS Act for general industry. the model WHS Act for general Mining: MSIA: Section 4A. Petroleum: Reckless conduct – Category 1 industry. Petroleum: new provision for petroleum operations. PSLA: Schedule 5. MHF: Reckless conduct – Category 1 new PAGERA: Schedule 1. provision for MHF operations. PPA: Schedule 1. MHF: Part 2 general duties.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 12. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 11. Incident Mining: Serious accidents, specified Notifiable incidents must be reported Mining: The reporting process will notification occurrences and potentially serious immediately via the regulators reporting not change. Mining companies already occurrences are to be reported system. phone immediately, followed by an immediately. Death and serious illnesses and injuries also online report using the Safety Lost Time Injuries (LTI) must be reported need to be reported by telephone. Regulation System (SRS). at the end of the month, with employment The list of dangerous incidents and serious Petroleum: The reporting system will statistics and lost shift data. injuries will align with the model WHS Act. change. The new WHS (Resources) Petroleum: Accidents and dangerous Act will require immediate reporting occurrences require immediate notification of incidents, after the initial phone and a report within 3 days. call. The operator must provide a monthly A uniform online reporting system report on the number and types of injuries, will be implemented for all resources hours worked and the number of days lost industries, with the Safety Regulation due to injuries. System (SRS) replacing the current paper reporting form. MHF: Section 9 of the DGSA requires certain dangerous goods incidents MHF: The reporting system will (reportable situations) to be notified as change. The new WHS (Resources) soon as practicable by phone and an Act will require immediate reporting incident report form within 21 days. of incidents, after the initial phone LTIs are reported to WorkSafe as worker call. health and safety at MHFs is regulated A uniform online reporting system under the OSH Act. will be implemented for all resources industries, with the Safety Regulation System (SRS) replacing the current paper reporting form. Notifiable instances and LTIs will be reported to Resources Safety, rather than WorkSafe. ALL: Some minor changes in
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 13. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 12. Incident Mining: No specific requirements for There is an obligation on the Resources The resources industry already investigation Principal Employer, employer or Facility Operator to report and investigate investigates incidents on Registered Manager to investigate all notifiable incidents. DMP may also sites/facilities as part of current reportable incidents and accidents. request a copy of the investigation report. processes. The new legislative Petroleum: No specific requirements for The safety case or the SMS must be provision formalises this as a the petroleum operator or licensee to reviewed and updated to prevent requirement. investigate reportable incidents and recurrence. Mining: New provision aligns with accidents. However, the petroleum NMSF and formalises current operator/licensee must prepare a report processes. covering all material details concerning the accident or dangerous situation and this Petroleum and MHF: Formalises requires a root cause analysis. current processes. MHF: No specific requirements for the MHF operator or licensee to investigate dangerous goods incidents or dangerous situations. However, under Section 46(2), the Chief Officer may direct a person with control management of a site to conduct an approved audit and report to the Chief Officer about dangerous goods incidents or a dangerous situation on the site.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 14. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 13. Administratio Mining: State Mining Engineer is the chief The regulator (Commissioner Resources Change in terminology to facilitate n of the Act administrator of the MSIA. Safety) will be the chief administrator of the shared definitions only. by the The Act prescribes three types of WHS (Resources) Act. These changes were made to align regulator inspectors – District, Special, Employees. There will only be one type of inspector, with the national model WHS Act for Petroleum: The Minister is the chief called an Inspector. general industry. administrator and the Minister has The concept of corresponding regulator and delegated his power to the Director. corresponding legislation has been introduced for sharing of information and MHF: Chief Officer is the chief recognition of certain approvals. administrator of the DGSA.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 15. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 14. Powers of Mining: Inspector powers are outlined in The new WHS (Resources) Act is similar to No change to powers, apart from the regulator and s.21 of the Act. the present provisions. additional power noted on the left. inspectors The State Mining Engineer has all of the Similar powers exist under current powers of inspectors and the ability to legislation, but these have been made request an independent study report under consistent across all industry sectors. s.45 of the Act at the Principal Employer’s expense. Petroleum: Inspectors powers are outlined in PPA & PAGERA Schedules 1 or and PSLA Schedule 5 and the Minister may request a validation at the operator’s expense. MHF: Powers of Chief Officer and DGOs are outlined in Parts 5 and 6 of DGSA. The Chief Officer has all of the powers of DGOs and under s.46(2) may direct an MHF operator to pay for an approved auditor to conduct an audit and report to the Chief Officer.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 16. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 15. Enforcement Mining: Inspectors have powers to issue The inspectors have powers to issue Mining and MHF: The new non- measures improvement and prohibition notices, as improvement, prohibition and non- disturbance notice formalises the well as powers to require that the mine, or disturbance notices. current inspectors’ powers to ensure any part of it, be left undisturbed for as that a site is not disturbed for a long as is specified in the requirement. specified period and aligns with the Petroleum: Inspectors have powers to current petroleum safety legislation. issue improvement and prohibition notices, Petroleum: No change. and direct by written notice that the site is not to be disturbed. MHF: WorkSafe inspectors have powers under the OSH Act to issue improvement and prohibition notices and can require that the workplace, or any part of it, be left undisturbed. Resources Safety’s DGOs also have powers under the DGSA to restrict access to sites of dangerous goods incidents and dangerous situations.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 17. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 16. Limitation Mining: Proceedings for an offence The new legislation requires proceedings to Aligned with the model WHS Act. period for against the Act must be commenced within begin within two years after the offence prosecutions three years after the offence was first comes to the notice of the Regulator. committed. Petroleum: Proceedings for an offence may be brought at any time. MHF: Relies on Criminal Procedure Act 2004 and proceedings can be brought within one year.
17. Officer’s Mining: Under s.100A of MSIA, officers The new WHS (Resources) Act places duty Aligned with the model WHS Act and liability of corporations are liable in cases of gross on officers of a corporation to exercise due the definition of an officer under the negligence. diligence to ensure that the PCBU complies Corporations Law. Petroleum: Directors, employees or with any duty or obligation under the WHS agents of the body corporate are liable (Resources) Act. under the following provisions: PAGERA & PPA: Schedule 1, Clause 78. PSLA: Schedule 5, clause 79. MHF: Under s.6 of DGSA, officers of corporations are liable.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 18. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 18. Advisory Mining: MIAC is a statutory committee Proposed advisory committees are as These committees will consist of Committees currently under s.14A of the Occupational follows: industry, union and government Safety and Health Act 1984. Mining: MIAC will be retained, however representatives and provide advice to Petroleum and MHFs: No statutory provision to establish this committee will be the Minister. committees. moved to the WHS (Resources) Act. The introduction of a committee for petroleum and MHFs will facilitate Petroleum & MHFs: A new committee to be discussions on safety issues, reforms formed to represent petroleum and MHFs. or changes going forward and provide a line of advice for these industries to the Minister (akin to the existing situation for mining). 19. Evidentiary Covered under current legislation as Evidentiary provisions are included to save No change in requirement, as provisions follows: time in Court, consistent with current provisions in the proposed WHS Mining: MSIA s.98 legislation. (Resources) Bill reflect current legislation and provisions which Petroleum: already exist. PAGERA: s126A It is noted that retaining this provision PPA: s.66BB differs from the model WHS Act, which does not include this provision. PSLA: s.137A MHF: DGSA: s.58.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 19. Topic/Key Proposed Legislation - WHS (Resources) No. Current Legislation Comments/Explanation Principle Act 20. Sharing and No provision for this in current legislation. Added to enable the regulator to publish This aligns with the model WHS Act. publication of information for shared learnings and It is proposed that Radiation information education purposes. Management Plans approved for by regulator This will include publication of: planned uranium mining operations approved Radiation Management will be published prior to construction Plans; of these mines. The full plan will be learnings from significant incidents and published for those plans approved accidents. after the new WHS (Resources) Act is implemented. The publication of learnings from significant incidents and accidents is merely formalising a current process. These publications are de-identified to remove personal or company details. 21. Board of No provision for this in current legislation. Enables the Minister to establish a Board of This provision aligns with the NMSF Inquiry However, the Minister already has the Inquiry to inquire into serious incidents and and the model WHS Act. power to institute inquiries and has done dangerous occurrences; any practice or It formalises current Ministerial so in the past. safety matter which may adversely affect powers to establish an inquiry, such the health and safety of persons; or any as inquiries into major incidents. emerging or systemic issues affecting health and safety of persons.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 20. Points to think about when considering the impacts of each change
The primary purpose of consultation is for industry to inform Marsden Jacob of the likely impacts (the costs and benefits). Impacts may include: changes in regulatory costs (transition costs and ongoing); and changes in safety outcomes. Impacts can be measured in financial terms or be described qualitatively.
Changes in regulatory costs
Regulatory costs are costs incurred to ensure compliance with safety provision in the legislation. Costs are the time and resources (FTE) dedicated to: Preparation of safety documents Staff training in safety management and processes Day-to-day identification and management of safety risks For the consultation: Will more/less time be needed to complete safety tasks? Will the changes result in more/less time for completion of safety administration tasks ongoing forward?
Changes in health and safety outcomes
Proposed changes aim to maintain or improve health and safety conditions for resources industry workers by setting out a clearer, risk based approach to safety management. Safety outcomes could be evident through: Subtle changes in safety culture – improved/reduced alignment of responsibility, accountability and control of safety conditions Safety representatives spending more/less time actively managing safety risks directly relevant to their site A reduction/increase in the number or frequency of ‘near misses’ minor incident and significant incidents For the consultation: Will the changes reduce maintain or improve health and safety for resources industry workers? E.g. through a clear, flexible, risk-based approach to safety management. Does the change enable a safety focus specific and appropriate for each unique work site?
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 21. Quantitative questions
Given the broad nature of the proposed legislative changes it is not expected that stakeholders will be able to quantify the impact of each key change. However, it is worth considering questions for each key change that is supported or not supported. Significantly Somewhat Slightly makes Little Slightly Somewhat Significant I am makes things makes things things worse effect improves improves improveme unsure Worse (more worse (up to 5%) (0%) things (up things nt (more what effect than 20%) (between 5 to 5%) (between 5 than 20%) it will have and 20%) and 20%) Likelihood of injury, death or illness in your workplace Ease of compliance with OSH Other changes (please specify) 1.1.1.a.i.1. What will be the impact of this change in your workplace on: 1.1.1.a.i.2. Can you estimate your current annual costs of existing OSH regulations in this area please provide these: Total management time? (Hrs) Total staff time? (Hrs) Consultant and other costs? ($)
1.1.1.a.i.3. What do you expect would be your changeover costs to meet the proposed change in this area? (note: ongoing effects are asked in a separate question) Total management time? (Hrs) Total staff time? (Hrs) Consultant and other costs? ($)
1.1.1.a.i.4. What do you expect will be your ongoing annual costs under the proposed change in this area? Total management time? (Hrs) Total staff time? (Hrs) Consultant and other costs? ($)
1.1.1.a.i.5. What is the basis of these estimates? Own estimates Budgeted costs
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 22. Other (please specify) ______
A copy of the cover sheet for submissions and the consultation questions is available in Word format on Marsden Jacob’s website here.
Department of Mines and Petroleum Forum Handout – WHS (Resources) Bill Consultation 23.