Retired Judge Paul Stein’s report on the NSW OH&S laws has finally been released by the NSW Labor government, more than a year after it was finalised.
The report was handed to then IR Minister John Della Bosca in April 2007, but it was not publicly released due to continuing talks within the government; its examination of the legislation and due to the consensus between employers, the government and the unions had proven difficult, according to the government.
Many businesses in NSW perceived that the report was not released due to fears of union reaction. The report was eventually released the day after submissions closed for the National Review into Model Occupational Health and Safety Laws — timing which has also been greeted with some cynicism by the opposition party and employer groups.
The report notably recommends the absolute duty to provide a safe workplace be modified to require employers to do what is “reasonable and practicable” bringing the legislation into line with the Victorian, South Australian, Tasmanian and Western Australian OH&S laws. However, whilst the Government has included the report in its submissions to the National Review Panel, it has not made any commitment in relation to implementing any of the recommendations.
