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“
A
proposal to water down NSW occupational safety law will undermine the
efforts of a parliamentary inquiry to fully examine how best to reduce
harm from secondhand smoke, the inquiry will be told today. The
government is proposing to weaken the Occupational Health and Safety
Act 2000 by replacing the employer’s duty of care to “eliminate or
control” health and safety risks in the workplace with a loophole
allowing these risks, if their elimination is not “reasonably
practicable” , to be “reduced to the lowest level that is
reasonably practicable.” * Health
groups and hospitality employees are viewing this change as partly a
result of concerns that the weak smokefree venues laws approved by
parliament beyond 2007 will be inconsistent with the present OH&S
Act, leading to legal actions by employees whose health is seriously
harmed by continued exposure to secondhand smoke. Action
on Smoking and Health (ASH) Australia, and the Public Interest
Advocacy Centre (PIAC) will raise the issue today when they address
the NSW Parliament Joint Select Committee on Tobacco Smoking. Says
ASH Chief Executive Anne Jones: “The government has already allowed
itself to be pressured by the Australian Hotels Association to exempt
hotels and clubs from their duty of care under the OH&S Act to
maintain safe workplaces. “The
government has been warned that this is likely to lead to expensive
legal actions by workers suffering serious health harm from secondhand
smoke exposure in their workplaces. “But
rather than ensure a speedy end to this hazard, the government instead
puts forward legislation which would further weaken this duty of care. “And
this is being quietly advanced at a time when a Parliamentary Select
Committee is supposed to be carefully considering all aspects of legal
and other measures to combat the devastating impact of smoking –
including secondhand smoke – in this state. “The
government could instead do what other states like Queensland and
Tasmania have done: remove tobacco smoke from all areas where people
are working. We call on all parties to support this policy.” See
details on WorkCover NSW website at www.workcover.nsw.gov.au/OHS/OHSAct2000Review/default.htm Comment:
Anne
Jones, CEO ASH Australia
m. 0417-227-879
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Page last updated 8/5/06 |
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