Master Builders Australia has urged the Senate to support OHS harmonisation and to reject any changes to the Commonwealth's Work Health and Safety Bill.
Master Builders' CEO Wilhelm Harnisch said "Master Builders supports OHS harmonisation and it is important that the objectives of harmonisation are not undermined by changes to the Commonwealth's Bill.
"In particular, amendments to give unions the right of prosecution or to introduce industrial manslaughter offences, which were considered and rejected by the expert Review Panel whose work is guiding the harmonisation process, must not be approved by the Senate.
"The Commonwealth's legislation includes detailed procedures for the review of a decision not to prosecute and has substantial penalties for reckless conduct that places a person at risk of death or serious injury or illness. Therefore any move to introduce union right of prosecution or industrial manslaughter offences would be solely political and not based on genuine policy considerations.
"Master Builders does not support private prosecutions by unions. Unions have a role in promoting safety in the workplace by consulting with their members and ensuring concerns regarding safety are raised with employers and the authorities. Their role is not one of prosecutor," Mr Harnisch said
"Private prosecutions by someone other than the regulator or the State compromise the objectivity of enforcement, have serious practical difficulties and can disrupt other enforcement activities by regulators. It was for these reasons that private prosecutions were rejected by the expert Review Panel."
Harnisch continued: "The Commonwealth's legislation also provides an appropriate framework for dealing with workplace deaths. It rightly places offences for reckless conduct at the top of the OHS enforcement pyramid.
"Industrial manslaughter offences do not strike the right balance between prevention and cure. They are linked solely to the outcome of non-compliance. The principal motivations for industrial manslaughter prosecutions are moral, symbolic and retributive. This is not an effective approach to improving safety outcomes."
