Media Release
10 November 2009
HARMONISED OHS LAWS MUST NOT BLUR SAFETY
AND INDUSTRIAL MATTERS
Statement by Mr Wilhelm Harnisch, Chief Executive Officer
Master Builders Australia, the peak body for the building and construction industry, today called on
the Government to use the opportunity for the proposed model Occupational Health and Safety
(OHS) Act to introduce better, rather than more, OHS regulation that is nationally consistent across
Australia.
The CEO of Master Builders Australia, Mr Wilhelm Harnisch said “Master Builders supports the
overhaul of OHS laws and the model OHS Act put forward the by the Government, that is, in many
areas, fair and reasonable to employers and on balance provides a suitable framework for OHS
into the future.
“However, changes are required to key areas of the draft model OHS Act, including to some duties,
union right of entry provisions and penalty levels to ensure that the Act meets the test of being fair,
balanced and reasonable.”
In its submission to Safe Work Australia on the model Act, Master Builders Australia has made a
number of suggested changes.
Mr Harnisch said,
“The model Act could be improved by making the extent of duty holders’
obligations clearer and by making sure that the obligations relating to building design and
manufacture take into account the very long life spans of buildings. The duties must be sensible
and capable of being implemented by the building and construction industry.
“Master Builders wants a model Act that delivers both improved workplace safety outcomes and an
effective legislative framework that will encourage employers and workers to be proactive and
collaborative in improving the safety of their workplaces.”
Mr Harnisch expressed concern that the right of entry provisions in the model Act will not achieve
this objective. He said, “The model OHS Act allows a union representative to enter a workplace at
any time to hold discussions with workers on safety, which has the potential to cause significant
disruption to workplaces if used inappropriately.
“Master Builders is also very concerned that the model Act would enable a union official to access
a workplace even if they have had their entry permit revoked,
if asked on site by a health and
safety representative. Master Builders does not reject the need for HSRs to access expert
assistance when required to properly exercise their important role, but this must not be capable of
being abused to circumvent right of entry requirements.
“The Royal Commission into the Building and Construction Industry found that OHS is often
misused by unions as an industrial tool. This trivialises safety, and deflects attention away from
real OHS problems. The model Act poses a significant risk that OHS laws will be used to
circumvent the more stringent requirements imposed on unions seeking entry for industrial
purposes. The model Act must ensure that the scope for misuse of safety is eliminated,” he said.
For further information contact: Wilhelm Harnisch: Mobile 0402 039 039 or Richard Calver
0422 866 766
NEWS 
