Two new important pieces of safety legislation were released this week for public comment and consultation.

The draft model Work, Health and Safety Regulations for mining (WHS Mining Regulations) and the draft Rail Safety National Law and Regulations are now open for feedback from employers and other stakeholders while they are still in draft form.

The proposed laws have been introduced as part of the trend towards the harmonisation of safety laws in Australia.

New mining laws

Safe Work Australia, working in conjunction with the National Mine Safety Framework, has released the WHS Mining Regulations and associated Codes of Practice. The WHS Mining Regulations and Codes of Practice will support the model Work Health and Safety Act set to commence on 1 January 2012. The mining component of the draft Model Regulations had been held back for further development when the remainder of the draft Model Regulations were released late last year.

However, the prospect of the harmonisation of mine safety laws has already been hindered by plans in three states to develop separate mine safety legislation. Queensland, NSW and Western Australia have indicated that they are developing laws outside of the Safe Work Australia harmonisation process, although they have maintained that the WHS Mining Regulations will either be complementary to, or provide a basis for, the WHS Mining Regulations.

Comments on the draft WHS Mining Regulations must be submitted to Safe Work Australia by 9 September 2011 and comments on the Codes of Practice must be submitted by 7 October 2011.

To review the draft WHS Mining Regulations and Codes of Practice, click here.

New rail laws

Drafts of the Rail Safety National Law 2011 and the Rail Safety National Law Regulations 2011 were released for public comment this week by the National Transport Commission (NTC). Following the release, Chief Executive of the NTC, Nick Dimopoulos, stated that harmonisation in the area of rail safety will provide for better safety outcomes and increased efficiency in the industry. Currently, there are seven rail safety regulators in Australia, all operating under different rail safety laws.

The draft Model Act and Regulations are open for comment until 12 August 2011. In the meantime forums will be held by the NTC and the National Rail Safety Regulator Project Office to explain the proposed laws and provide a further opportunity for feedback.

To review the draft Model Act and Regulations, click here.

We strongly encourage employers in the mining and rail industries to review the new laws and provide comment where appropriate.

For assistance in preparing and submitting comments in relation to either pieces of legislation or for advice regarding the impact of the harmonisation of safety laws generally, please contact one of our occupational health and safety team, below.

Penny Stevens/Partner T: +61 3 9640 4274 E: penny.stevens@middletons.com
Gerard Phillips/Partner T: +61 2 9513 2561 E: gerard.phillips@middletons.com
Duncan Fletcher/Partner T: +61 8 9216 0923 E: gerard.phillips@middletons.com

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