Proposed workplace health and safety law changes go too far

We all agree that workplace safety is a serious matter, and all South Australians are entitled to a safe workplace, but recent changes proposed by the State Government will not guarantee improved work health and safety (WHS) outcomes.

The State Government is consulting on proposed amendments to the Work Health and Safety Act 2012 (the Act) following last year’s review of SafeWork SA. 

The proposed changes include:

• Allowing health and safety disputes to be able to be referred to the South Australian Employment Tribunal (the Tribunal) after only 48 hours of a SafeWork SA inspector not resolving the issue
• Right of entry permit holders would no longer be required to notify SafeWork SA before entering a workplace, and no longer be required to report their findings after entering
• Allowing right of entry permit holders ​“to take photographs, video, voice recording, measurements and tests relevant to their investigations”
• Allow ​“workers, families of injured workers, and employee associations” to be able to apply for civil penalties to be bought before employers in the case of a dispute

The South Australian Business Chamber rejects these changes: they are an affront to South Australian businesses, not fit for purpose and will effectively undermine and outsource the regulatory role of SafeWork SA to workers and unions. 

Allowing disputes to be referred to the Tribunal could impose immense costs on businesses, would clog up the system, would surely lead to much extended resolution timeframes and increasing the time businesses spend in dispute. 

Right of entry permit holders, most often union officials, must remain required to notify SafeWork SA of their intentions and findings. Withholding information gathered on these occasions would reduce SafeWork SA’s overarching understanding of workplace safety in South Australia.

Similarly, union officials should not have the same power as SafeWork SA inspectors and their duties should remain narrowly defined to target specific safety issues, as it is currently. Allowing free use of recording and photographs is potentially a violation of the employers’ privacy, undermines the regulator, and is not justified. Any change of this type must include strict provisions such as the use of such data, and strict penalties for misuse. 

Only the regulator should be allowed to apply for civil penalties. Already, recourse in civil law to seek damages is available to other parties, including workers and families of injured workers. Introducing this change would likely lead to frivolous and vexatious legal proceedings, further costing businesses time and money they can ill afford. 

There is a better way of achieving better WHS outcomes than taking this band aid approach.

SafeWork SA must have the resources and adequate, well-trained staff to educate employers and regulate the Act appropriately and effectively. We called for this in our 2023 – 24 Pre-Budget Submission, and we will continue to do so.