08 March 2007 Penrith: conference highlights attack on health and safety Federal Government changes to workplace health and safety laws taking effect from March 15 will lower standards, restrict the investigation of accidents and lower compensation payments following a death at work, according to the building union. The Construction Forestry Mining Energy Union will highlight the impact of the changes at the annual Your Health and Safety Rights At Work conference being held in Penrith tomorrow. CFMEU legal officer Rita Mallia said the changes also make it easier for big business to ‘opt out’ of state workers compensation schemes, placing a greater financial burden on small businesses. “Traditionally Comcare, the Commonwealth authority responsible for workers compensation and occupational health and safety, covered public servants, however the Howard Government has changed the law to make it easier for large private sector companies to join the scheme,” she said. “Major construction company John Holland has already been granted a Comcare licence, allowing them to avoid tougher state health and safety laws, provide lower compensation payments to injured workers and refuse entry to union safety officers responding to concerns from workers. “Our legal advice also indicates that WorkCover NSW inspectors will not be able to investigate serious accidents or enforce safety laws on any John Holland building site.” Compensation benefits for people killed or injured at work are lower for workers in the Comcare scheme. For example, under the NSW laws a deceased workers family can receive a maximum lump sum benefit of $319,250.00 and $140 per week for dependent children, under Comcare the maximum lump sum is $212,026.74 and weekly benefits of $70.56 per child. “Allowing major corporations to insure under Comcare is legalised theft,” Ms Mallia said. “It short-changes families who are being forced to deal with the tragedy of a serious workplace accident and it will add to the financial heartache suffered by these families. “Allowing big businesses to leave state workers compensation systems also leaves small and medium sized businesses, which are unable to join Comcare, to shoulder a greater financial burden. “Levels of regulation, education and enforcement under the federal scheme are also inferior. There are no regulations regarding specific occupational hazards in the building industry, a fraction of the number of inspectors, and no ability to seek a jail sentence where an employer’s negligence directly results in the death of a worker.” The limited resourced provided to the Comcare scheme has a clear impact on their capacity to proactively improve workplace safety. Currently, Comcare has only 40 safety inspectors nationally compared to WorkCover NSW which currently employs 287 inspectors with specialists from every major industry. The impact of the Federal Government’s underinvestment in safety is stark. During the 06/07 year, Comcare commenced 3 prosecutions, issued 22 improvement and prohibition notices, and carried out 189 investigations of non-compliance with federal safety laws. At the same time WorkCover NSW initiated 482 successful safety prosecutions, issued 1,212 prohibition notices, 14,831 improvement notices and 1,195 infringement notices. “As the Howard Government opens the Comcare scheme up to large private companies these overstretched resources will not be able to cope, and the result will be more deaths and injuries at work. “Rather than looking at how to create a cooperative system that provides the highest possible levels of workplace safety, John Howard has sought to create a cheap and nasty system that helps increase profits for big business but reduces the safety and support for ordinary workers.” Media contact: Tim Vollmer (CFMEU Media Officer) 0404 273 313 Rita Mallia (CFMEU Legal Officer) 0411 147 316