Part 2 -Comcare's OHS Compliance Strategy
On this page:
- Purpose and scope of OHS compliance and enforcement strategy
- Risk based regulation
- Responsive regulation
- Approach to OHS regulation
- Understanding the employers' businesses
- Assessing the risks
- Planning strategies
- Implementing strategies
- Review and improve
Comcare's compliance and enforcement strategies range from encouraging better practice through partnerships with employers with mature safety systems, through to audit and assurance activities for employers who are still developing their compliance systems and capability.
Purpose and scope of OHS compliance and enforcement strategy
This strategy builds on the National Occupational Health and Safety (OHS) Compliance and Enforcement Policy (the National Policy). The National Policy is a principles-based document agreed to by all heads of Australian workplace authorities to work towards a consistent, national approach to the enforcement of OHS laws. The National Policy is interim in nature, pending the development and jurisdictional implementation of model work health and safety laws.
The purpose of this strategy is to explain Comcare's approach to OHS regulation.
Comcare's approach to OHS regulation is also shaped by work health and safety priorities. Each year, Comcare identifies a series of specific health and safety related priorities aimed at continuing to improve worker health and safety. The priorities form the basis of Comcare's targeted health and safety interventions and activities.
Consistent with the National Policy, Comcare has a risk based and responsive approach to compliance and enforcement.(3)
Risk based regulation
Compliance and enforcement actions are targeted to areas of greatest risk to health and safety and where they are likely to have the greatest impact on improving working environments.
Responsive regulation
To ensure that Comcare's regulatory response is effective in managing compliance at the workplace - compliance and enforcement measures are responsive to the particular circumstances of the duty holder or workplace that is the subject.
Responsive regulation uses the most effective and appropriate measures to achieve compliance.
Responsive sanctioning complements responsive compliance and enforcement. The principles governing such sanctioning aim to:
- change the behaviour of the duty holder
- eliminate any financial incentive of non-compliance
- be proportionate to the nature of the offence and the harm caused
- reduce the harm caused by regulatory non-compliance, where appropriate
- deter future non-compliance
- be responsive and consider what is appropriate for the particular duty holder.(4)
Regardless of the level of systems compliance and capacity demonstrated by a duty holder, enforcement activity of the types outlined in this policy may be undertaken against employers and other duty holders who are found to be in breach of their legislative obligations and duties.
With a clear sense of risk and co-designed treatment options, Comcare is able to identify areas of weakness in jurisdictional coverage and coordinate approaches to address gaps.
Approach to OHS regulation
To give effect to our regulatory philosophy and principles, Comcare follows a planned sequence of steps which acknowledges the dual responsibilities that both Comcare and employers have in ensuring safety outcomes are achieved.
The following diagram illustrates the key steps which guide Comcare's regulatory approach.
PDF version of the diagram:
As shown in the diagram, the key steps are:
Understanding the employers' businesses
Understanding our employers allows us to develop tailored interventions that target areas of risk. By doing this we help reduce the regulatory burden by focusing our effort on those who need it. A number of strategies are used to inform us of risks including segmentation and market analysis, employer profiling and environmental scanning.
Assessing the risks
Risks are assessed within a risk framework. An assessment is made using up-to-date information received from a range of information sources including incident notification, employer profiles, safety campaigns, industry trends, research, media alerts, workers compensation claims history, or through work site visits and observations. Issues identified are then categorised and prioritised. Categories include those requiring:
- a national, potentially multi-jurisdictional effort
- a whole of agency response
- more localised intervention
- oversight only.
Priorities are determined by risk.
Planning strategies
A range of strategies are used to address the levels of identified risk. These are managed through planned campaigns designed and coordinated by a dedicated program management area. The intent of these campaigns is to prevent workplace incidents and achieve improved safety outcomes by influencing health and safety behaviour. The tools that may be used within these campaigns include:
- collaborative compliance strategies
- education
- monitoring and verification activities
- adjusting regulatory priorities.
Implementing strategies
We aim to target our efforts to those that do not get the safety message and to areas that present as highest risk in either workplace health or safety. This approach ensures that we are efficient in our service delivery and productivity loss is minimised. We tailor solutions to ensure the desired workplace behaviour outcome is achieved. Solutions are balanced, proportionate to the risk, and visible.
Campaigns may involve one or more of the following service delivery options:
- partnering with other jurisdictions
- leveraging off industry bodies, universities and research institutions
- working collaboratively with employers or a range of employers on a particular issue
- working independently through regional service delivery.
Review and improve
We are committed to improving the health and safety of workers. Part of this is being able to measure our effectiveness to ensure continuous improvement and high service delivery standards. This will not only be measured through overall scheme performance, but also by listening to feedback from federal workers and the broader community.
(3) National OHS Compliance and Enforcement Policy.
(4) National OHS Compliance and Enforcement Policy.