Housing industry bodies throw weight behind deferral of harmonised OH&S laws

More business bodies have called for a deferral of harmonised occupational health and safety laws, with the Housing Industry Association and Master Builders Australia arguing for a further six months to prepare, and calling for more information on their cost to the housing industry.

HIA general manager Graham Wolfe says the January 1, 2012 deadline is unlikely to be met, with Victoria, South Australia, Western Australia and Tasmania yet to pass the relevant legislation.

"It's been a long journey, and I just don't think that now we're at the 11th hour we should rush in the application."

"The real issue here is: are the states ready to adopt it in due course, and if they do, what period of time do the sectors need to adapt?"

Wolfe argues there should be a moratorium until the regulation is subject to a cost-benefit analysis.

Master Builders Australia chief executive Wilhelm Harnisch says the MBA isn't seeking to thwart the legislation, because it supports harmonisation, but more time is needed.

Harnisch says with 21 codes still to be tabled and finalised, of which seven deal with the building and construction industry, the MBA is concerned there won't be enough time to digest the big changes.

Second, Harnisch says the January 2012 deadline comes at a difficult time for the building and construction sector, which typically shuts down two weeks before Christmas and throughout January.

"It's not a hidden agenda, it's about a phasing in," Harnisch says.

And assuming a deferral isn't granted, Harnisch predicts a "mad scramble" by the industry to try to adapt, "with all the attendant risks of a poor implementation."

But Jessica Fletcher, senior associate at Hall & Wilcox, says the law firm has been advising its clients to prepare for the 2012 deadline, irrespective of comments by Western Australia that it will not take on all elements of the nationalised laws. Victoria, led by Liberal Premier Ted Baillieu, has also indicated it is seeking more time.

Fletcher says the delays raised by the housing bodies seem to have fed into concern about the changes.

But Fletcher points out that legislation enacted in New South Wales and Queensland matches elements of the harmonised OH&S files, that many companies support nationalised laws because they operate across the country, and the new laws simply meet best practice.

"They put into the spotlight, do we have appropriate contractor management systems in place? And appropriate structures to ensure managers can manage safety risks?" Fletcher says.

"We're all trying to achieve safe work places and putting the right systems in place, there's no downside."

Independent Contractors Australia has also argued the laws should be put on hold until key issues are addressed.

The ICA argues the harmonised laws will mean employers will unfairly assume responsibility for the behaviour of their employers, rather than leaving individuals responsible for their own conduct. It has also raised alarm over the stripping of employers of their right to silence, and the ability of OH&S authorities to seize businesses and their property without court oversight.