A WA parliamentary question reveals a promised code of practice for hospitality workers regarding smoking was not developed, replaced by national guidelines. Responsibility for alternative duty of care provisions is deferred to WorkSafe WA.

AnsweredQoN 1033Legislative Council
Asked
18 November 2004
Portfolio
Health

QuestionView source ↗

In June 2003 the Government committed to develop a code of practice to protect workers in the hospitality sector as part of the Government’s response to the review of the operations and effectiveness of part IXB of the Health Act 1911 and the Health (Smoking in Enclosed Public Places) Regulations 1999. The then Minister for Health, Mr Kucera, announced in Parliament - A code of practice is also to be developed under the auspices of the WorkSafe Western Australia Commission. It is envisaged that the code will be operational within 12 months, if not earlier. The code will contain information on the duty of care provisions of the Occupational Safety and Health Act and practical guidance on measures designed to protect the safety and health of employees. In other documentation the minister referred to the proposal as a code of conduct. The 2003-04 annual report of the Commission for Occupational Safety and Health was tabled in Parliament on 9 November 2004. No mention was made in that report of the code of practice that was part of the Government’s response to that review. (1) Has the WorkSafe Western Australia Commission formally advised the Minister for Health why the code as announced was not developed within the 12-month time frame? (2) Will the code be developed? (3) If yes to (2), when? (4) If no to (2), will the minister please advise the alternative duty of care provisions that will be established for workers in the hospitality sector? Hon GRAHAM GIFFARD

AnswerView source ↗

On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(1) Has the WorkSafe Western Australia Commission formally advised the Minister for Health why the code as announced was not developed within the 12-month time frame? (2) Will the code be developed? (3) If yes to (2), when? (4) If no to (2), will the minister please advise the alternative duty of care provisions that will be established for workers in the hospitality sector? Hon GRAHAM GIFFARD replied: On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(2) Will the code be developed? (3) If yes to (2), when? (4) If no to (2), will the minister please advise the alternative duty of care provisions that will be established for workers in the hospitality sector? Hon GRAHAM GIFFARD replied: On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(3) If yes to (2), when? (4) If no to (2), will the minister please advise the alternative duty of care provisions that will be established for workers in the hospitality sector? Hon GRAHAM GIFFARD replied: On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(4) If no to (2), will the minister please advise the alternative duty of care provisions that will be established for workers in the hospitality sector? Hon GRAHAM GIFFARD replied: On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
Hon GRAHAM GIFFARD replied: On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
On behalf of the Parliamentary Secretary to the Minister for Health, I thank the honourable member for some notice of the question and provide the following answer, which is a lot shorter than the question - (1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(1) The Commission for Occupational Safety and Health advised the Department of Health that it did not intend to proceed with the development of a code in view of the fact that it intended to adopt the national occupational safety and health guidelines on environmental tobacco smoke. These guidelines were adopted in December 2003. (2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(2) No. (3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(3) Not applicable. (4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.
(4) This question should be referred to the WorkSafe Western Australia Commission, which has carriage of this issue.

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