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Harmonised OHS laws debate ... Not!

September 2011

Our analysis of the harmonized model work safety laws has caused a debate. We say the laws are flawed and will reduce safety. But a blogsite has accused us of only being interested in prosecution issues, not injury and death prevention. We say they've misrepresented us.

Update 17 September: The owners of the blogsite have not only gagged debate on their own site, but have now requested that we remove the material that we reproduced here recently. We are happy to comply, but have retained Ken Phillips' comments from the blog. They appear below.

Update to the update (5 pm): The blogsite controller has now ungagged the debate. We encourage you to comment on either website.

The blogsite can be accessed here. We invite you to have a look and continue the debate by sending us your comments. Are we right or wrong? You can contribute here.

Ken Phillips' contributions to worksafety blogsite:

Ken Phillips
There's a terrific amount of misrepresentation of my position in both the article above and some of the comments. Read what we have to say on our website http://www.contractworld.com.au and you'll find our position is on of enhancing safety. I'm happy to debate the issue based on facts but not misrepresentation.

... ...

Ken Phillips
Take this comment "The overall significance of the article is that Ken Phillips and the ICA are principally concerned about post-incident ramifications. " WRONG. Our major concern is prevention. The removal of the word 'control' from the duties of care create confusion over who is responsible for safety. This reduces clarity in responsibilities and the focus that everyone at work must have on safety.

... ...

Ken Phillips
On the right to silence issue. OHS law is criminal law. Confidence in justice under the law is central to the willingness of most people to comply. Removal of the right to silence lessens confidence in the law. It increases suspicion of the regulatory authority. This breaks down the relationship that the regulatory authority has with the community and the partnership that is needed if prevention is to be maximised. Again read what I say. Look at our comparison to the Victorian current OHS laws. It specifically secures the right to silence. Read the Vic Maxwell report into safety that established the principles behind the Vic OHS Act. I would hold the Maxwell report up as one of the finest discussion of the OHS laws around.

... ...

Ken Phillips
Oh that's right, so trash human rights then. Sounds like star chamber. So lets get rid of basic human rights under criminal law. The end justifies the means does it? Give me a break. Go have a look at the Vic OHS laws that secure the right to silence.


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