DON’T RISK SECOND RATE OH&S LAWS

As a person who has worked in the area of OHS&W for over 30 years as an educator, public servant
and union OH&S officers, I (Andy Alcock) agree wholeheartedly with the call to prevent workplace deaths in Australia.

I think that it is important to be aware, however, that most work related deaths do not occur in workplaces.
They occur in workers’ homes and hospitals because the biggest cause of work related death
in Australia is due to disease and most of this is due to exposure to asbestos dust which causes
lung cancer, mesothelioma and the very nasty dusty lung disease, asbestosis.

In Australia annually, approximately 8000 workers lose their lives from work-related causes.
About 400 die from traumatic workplace accidents and the rest die from work-related diseases.

Cancer is actually is actually the biggest killer of workers worldwide. As a result of this, the International
Trade Union Confederation (ITUC) has been conducting a campaign since 2007. Sadly, the union
movement in Australia has been very slow to strongly promote this campaign.

In my opinion, this is true of the ACTU “Don’t Risk Second Rate Safety Laws” campaign too.
The early rallies in some centres attracted very small turnouts and we all need to promote this important campaign.

During the lead-up to the 2007 federal elections, the union movement held huge rallies to
protest against Howard’s WorkChoices. We need even greater support if we are to be successful in
this campaign because many unions are not as committed to improving OHS&W as they are to
making gains in other conditions.

This has to be a priority task for the Australian union movement if we are to ensure that we achieve
the highest standard of OHS&W legislation that is needed to reduce work-related deaths in this country.

YOUR OH&S RIGHTS AT WORK ARE WORTH FIGHTING FOR TOO!

Below is some information I presented to PSA/CPSU members last year during Safe Work Month to
promote the Zero Occupation Campaign. Readers will also see that there is to be a one-day conference
in the ACT about occupational cancer in December this year , which is being jointly sponsored by the
ACTU and the Australian Cancer Council. This should be supported by all unions.
Further, I think that it is important that more is done to promote the ACTU Union Charter of Workplace OH&S
& WC&R Rights.

This Charter of Rights views OHS&W & WC&R as basic human rights for workers and sets out the
rights and responsibilities of all workplace parties in the provision of decent and fair health, safety,
compensation and rehabilitation systems and practices within Australian workplaces.

The Charter has been in existence since before the 2007 elections and was meant to be used as an
election strategy by having candidates commit to the principles in it.

At the 2008, ACTU OH&S Conference, I challenged Deputy PM Julia Gillard to publicly
commit to the Charter.
She refused! And she is now determined to water down our OHS&W laws in Australia.

I think the Charter can be a very powerful tool in our campaign to improve OHS&W laws in Australia.
We need to get all politicians and employers to commit to the principles contained in it.
ACTU/ITUC ZERO OCCUPATIONAL CANCER CAMPAIGN IN AUSTRALIA

The campaign will highlight that:

* Occupational cancer causes over 600,000 deaths a year – this means one death every 52

seconds, making up almost one third of all workrelated deaths.

* Over 1.5 million workers are exposed to carcinogenic substances

* Over 13% of all cancer deaths in Australian males are caused by occupational exposures

* Governments at all levels can do more to prevent these exposures and diseases, including

developing a comprehensive national cancer strategy and specifically doing more to address

asbestos related issues

* Regulators, such as SafeWork SA & the ASCC (Australian Safety & Compensation

Council), can do more to improve the health and safety laws, whilst improving the

enforcement of the laws that we already have

Global Action is still needed to stop the mining and export of asbestos by Canada.

A global union and community campaign is urging the Canadian government to stop the

mining of asbestos. Go to www.ohsrep.org.au or www.rightoncanada.ca

The ITUC launched the Zero Cancer campaign in Geneva, Switzerland on 23 March 2007

when it released an occupational cancer prevention guide for workers. Go to:

www.imfmetal.org/cancer

The campaign involves 11 global trade union organisations representing over 300 million

members in more than 150 countries.

Speaking at the launch, International Metal Federation (IMF)’s General Secretary Marcello

Malentacchi said:

“Asbestos alone accounts for an estimated 100,000 deaths each year and yet there is no

worldwide ban on its use. Despite occupational cancer being the single largest cause of workrelated

deaths, the risks have been downplayed by governments, health and safety enforcement

agencies and employers. The end result has been a wholly preventable epidemic of cancers.”

“Occupational Cancer/Zero Cancer: a union guide to prevention” provides information

about workplace cancer risks and advice on practical steps workers and unions can take to

make workplaces safer and is being distributed with action guidelines to unions worldwide.

LOCAL ACTION:

Workplaces are encouraged to conduct activities on the day as well. Materials are in the

process of being developed for this purpose. Could unions advise of any activities that you

are planning for workplaces? We would like to promote them on the OHS Reps website

and also ensure they are forwarded through to the Hazards website, which collects

information about actions happening globally and promotes them.

ZERO OCCUPATIONAL CANCER CAMPAIGN KNOW CANCER IN THE WORKPLACE

A National Forum on Cancer & the Australian Workplace (organized by the ACTU & the

Cancer Council Australia)

DATE: THURSDAY 10 DECEMBER 2009 VENUE: UNIVERSITY HOUSE
AUSTRALIAN NATIONAL UNIVERSITY

For more information, contact: education@cancerwa.asn.au

International Keynote Speakers: Pam Eliason

(Toxic Reduction Institute University of Massachusetts)

ACTU UNION CHARTER OF WORKPLACE OH&S & WC&R RIGHTS

1. Workers

Every worker has the right to:

• A safe and healthy workplace

• Travel to and from work in safety and with appropriate protections

• Return home from work free of injury or illness

• Enjoy retirement without suffering adverse consequences of workplace injury or illness

• Enjoy the highest level of protection, representation, compensation and rehabilitation,

regardless of the jurisdiction within which they work

• The highest level of protection to prevent injury illness and disease

• Take collective action over any health and safety matter, including the right to cease

unsafe or unhealthy work

• Discuss, negotiate and be consulted and involved in all issues affecting their health,

safety and welfare

2. Representation

Every worker has the right to be represented on health, safety, compensation, rehabilitation

and return to work issues, by their elected Workplace Health and Safety Representative

and their union. Every worker has the right to elect health and safety representatives.

Unions have the right to:

• Enter workplaces on health and safety issues

• Investigate breaches of health and safety laws

• Represent members and prospective members

• Initiate investigations and prosecutions for occupational health and safety breaches

• Initiate cessation of work in unsafe areas

• Access all relevant information and reports

Workplace Health and Safety Representatives have the right to:

• Be democratically elected by a process determined by workers, in conjunction with

their union

• Utilise legal rights and powers to represent workers on health and safety matters

• Inspect the workplace

• Access relevant information and be informed of all incidents

• Be consulted by the employer before workplace changes occur that may affect

health and safety

• Issue notices when breaches are detected

• Call in government inspectors

• Direct workers to cease work where there is a belief of immediate risk to health

and safety

• Seek resolution of health and safety issues

• Perform all OHS activities on paid time and have adequate facilities

• Be assisted by any person at any time

• Be protected by law from discrimination, harassment, bullying, intimidation and prosecution

• Access training of their choice in paid work time

• Appeal any decision of a regulator or court regarding any health and safety,

compensation or rehabilitation matter

3. Discrimination and Bullying

All workers (or prospective workers), including health and safety representatives,

will be protected by law from discrimination, harassment, bullying or detriment to their

employment because they have raised a health and safety issue, lodged a compensation

claim or been involved in consultation on workplace health and safety matters.

4. Employer Responsibilities

Persons who control , manage or own workplaces have an absolute duty of care without

limitation to provide and maintain safe and healthy work environments. Employers will not

shift jurisdictions to attempt to avoid their OHS and workers compensation responsibilities

and obligations. Employers are subject to all the obligations and responsibilities contained

within this Charter.

5. Role of Regulator

OHS law must be effectively enforced by regulators in all jurisdictions. The regulator must

also consult and provide information, support and advice to all workplace parties, including

unions. They must ensure that workplace representatives are supported and protected and

bring prosecutions in a timely, appropriate and courageous manner. Regulators will actively

monitor self-insuring companies and ensure transparency and fairness of their workers

compensation and return to work systems. An inspectorate must be adequately resourced,

pro-active and willing to fulfil an enforcement role as well as an advisory role.

6. Compensation

Following a physical or psychological injury, all workers have the right to a fair, just and

equitable compensation system, which promotes the best medical and like support, the

most effective rehabilitation for injured workers and facilitates a safe return to work that

offers genuine job security.

Workers’ compensation standards are to:

• Be available to all members of the workforce

• Provide compensation for all injuries that arise from travel to, from or during work

including and during recess breaks

• Be available upon the death of a worker and for dependants of that worker

• Be based on the 100% replacement of loss of income

• Provide total cost of medical rehabilitation and other related expenses

• Provide lump sum compensation for permanent disability

• Ensure common law rights

• Support rehabilitation and return to work

• Ensure that workers are entitled to timely and effective claim determination and

dispute resolution processes

• Ensure the worker has access to the doctor of their choice

• Not be eroded by companies seeking to self-insure in order to obtain lower OHS

and workers’ compensation entitlements for workers

7. Rehabilitation

All workers have the right to return to safe, suitable, meaningful and sustainable work,

following the provision of quality rehabilitation services, commensurate to need.

Rehabilitation will include the right to:

• Union representation

• Early intervention of workplace injury and illness

• High quality, appropriate, effective and timely rehabilitation plans and services

• Consultation about all aspects of rehabilitation

• All documentation and information relating to their rehabilitation

• Fair and equitable rehabilitation plans and services

• Privacy in the management of all records and information

• Personal choice of medical provider and rehabilitation service

8. Penalties

Penalties must be commensurate with the degree of the breach, including recognition of

gross negligence. Penalties should be sufficient to act as a deterrent. A range of penalties,

including but not limited to infringement notices, fines, moieties, imprisonment, enforceable

undertakings, and adverse publicity orders must be provided to allow for a range of

penalties for breaches of health and safety and compensation laws to be actively applied.

9. Development of Laws

All occupational health and safety, compensation and rehabilitation laws are to be

developed in a tripartite manner.

All laws must be developed incorporating but not limited to the ILO Conventions,

Protocols and Recommendations concerning health and safety.

OCCUPATIONAL HEALTH, SAFETY, COMPENSATION AND REHABILITATION

Union Charter of Workplace Rights

This Charter of Rights sets out the rights and responsibilities of all workplace parties in

the provision of decent and fair health, safety, compensation and rehabilitation systems and

practices within Australian workplaces.

Regardless of jurisdiction, changes to occupational health and safety, compensation

and rehabilitation law must not result in a diminution of the rights and entitlements

of any worker.

Workers must not be adversely affected by any employer moving between jurisdictions

in relation to their OHS and workers compensation entitlements. Any proposed move

between jurisdictions will only occur following genuine consultation and agreement

with workers and their representatives and a process of public review, including public

tribunal hearings.

Consistent with ACTU OHS and Workers’ Compensation Policy and international standards,

Australian law must ensure healthy and safe workplaces and a compensation and

rehabilitation system which ensures that no worker is disadvantaged should they be

injured at work.

All workers have the right to join a genuine trade union.

Union organised workplaces are safer workplaces.

Andy Alcock OH&S activist former SA union OHS official.