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Mary Yaager, Workers Compensation and Occupational Health and Safety Coordinator


Mary Yaager, Workers Compensation and
Occupational Health and Safety Coordinator
Mary Yaager
 Mary Yaager
Workers Compensation and Occupational Health and Safety Coordinator

In 2001, Mary retained her responsibilities for the co-ordination and development of Labor Council's policies on:

  • Workers Compensation
  • Rehabilitation
  • Occupational Health & Safety (OHS)
  • Youth Occupational Health and Safety

In addition to this, Mary also retained the responsibility for co-ordinating organising campaigns in Rural and Regional areas.

Workers' Compensation

Legislative changes

Mary played a major role in the campaign of opposition to the Governments Workers Compensation Reforms.

Mary, in consultation with the Workers Compensation Committee, prepared a response paper to the WorkCover Authority's discussion paper, which provided an alternative proposal to that of the Governments. This paper was entitled 'Protecting Injured Workers - A Fairer Alternative'. This proposal was used as the basis of all future discussions and negotiations with the Government. Labor Council's consulting Actuary, David Zaman, provided the costing on the Labor Council's alternative options.

Labor Council also established a Workers Compensation Negotiating and Campaign Committee. The Campaign Committee had responsibility for: -

  • Negotiating with the Government on behalf of all of the unions
  • Determining the Labor Council campaign strategy

Mary was also intensely involved with the committee and all of the negotiations with the Government.

Mary co-ordinated and chaired all of the various working parties that were set up early in the dispute as a means of seeking to resolve the crucial issues. The working parties comprised representatives of the Workers Compensation Campaign Committee and were able to gain considerable concessions on a number of the issues. However, there were a number of fundamental issues, which remained unresolved.

During the negotiations, the Government agreed to Labor Council nominating medical specialists onto the Government's working groups who were responsible for developing the new medical assessment guidelines. The Groups were split into five categories and Mary arranged for over 18 medical specialists to represent the Council on these groups. These specialists were selected from the most eminent medical specialists in NSW.

In addition, Mary, with members of the Workers Compensation Committee, prepared a comprehensive submission to the Sheahan Inquiry into Common Law. The submission outlined all of the unions concerns and recommendations in relation to what they viewed as being the most fundamental aspects of a common law scheme for seriously injured workers.

Mary arranged for a delegation to give oral evidence to the Sheahan Inquiry. This delegation was comprised of representatives of the medical profession, a consulting actuary and a number of unions who were on the Labor Council's Workers Compensation Committee.

In 2002 Mary will be establishing a peak Labor Council Monitoring Committee to monitor the Workers' Compensation changes. This Committee will comprise: -

  • Secretaries from the various unions
  • Representatives from Labor Law Firms
  • A representative from the Law Society of NSW
  • Representatives from the peak medical bodies

This committee will be responsible for overseeing the impact of the Governments changes to workers compensation, which will commence on 1st January 2002. The Committee will report on all cases where an injured worker has been disadvantaged under the Carr Government's reforms.

Representation on Peak Committees - Industry Reference Groups

Mary continued to represent Labor Council on a number of peak Workers Compensation and Occupational Health and Safety Committees, forums and conferences.

She also represents the Labor Council on a number of the Peak Industry Reference Groups, which are responsible for developing injury prevention and injury management strategies.

The Government established thirteen peak Industry Reference Groups (IRGs) with equal employer and employee representatives. These groups are responsible for the development of industry specific Occupational Health and Safety codes of practice, guidance material and return-to-work strategies.

Mary and union representatives have been able to initiate the following: -

In the Rural Industry

  • A Code of Practice for Shearing (final draft stages)
  • A Code of Practice for Rural Workers' Accommodation (currently being developed)
  • A rural industry Hotline - This is linked to the Unions NSW 1800 number
  • Establishment of a Rural Workers Advisory Council

In the Retail Industry

Development of easy to follow guides such as:

  • What To Do If Someone Is Injured
  • Return to Work Resource Kit
  • Finding Suitable Duties in the Retail Sector

In the Warehouse Industry

  • Developing guidance material for high-risk equipment such as forklifts. (This includes improving the current methodology for pre and post testing of forklift operators)
  • The development of a Return to Work Resource Kit
  • Finding Suitable Duties in Warehouses

Rural Organising

Mary continued to have carriage of rural organising with Labor Council Officer, Mark Morey. Both Mary and Mark conducted a number of forums and workshops in rural locations. Mary and Mark are developing a strategic plan targeting the rural sector in conjunction with the Labor Council's Organising Committee. The draft plan was presented to the Committee at the last meeting of 2001. The rural organising campaigns will commence in February 2002.

Part of the plan will be to visit a number of major rural locations in 2002 and campaign around issues, which are important to the unions and the local community. Labor Council will conduct workshops on campaigning and organising for the local organisers and delegates. We will meet with all the local community leaders and try to establish important links and structures, which can be left in place.

The New Occupational Health and Safety Act 2000

Mary prepared a submission with the Labor Council Occupational Health and Safety Committee representatives on the changes to the new Occupational Health and Safety Act and the Government accepted the majority of recommendations. The new Act was passed by both Houses of Parliament and came into effect in September 2001.

The new Act makes provision for a "Duty to Consult". Employers who fail to consult with their employees will be prosecuted. The Act also provides for the establishment of Occupational Health and Safety Representatives as well as Occupational Health and Safety Committees.

Occupational Health & Safety Regulation 2001

The Government released Version 2 (revised draft no 2) of the Occupational Health and Safety Regulation and Labor Council had to respond by the end of January 2001.

Mary, in consultation with Labor Council's Occupational Health and Safety and Workers Compensation Committee, prepared a comprehensive submission in response to the Government's draft.

The Government met with Mary and members of the Committee and agreed to establish a number of working parties to work through the issues of concern, which were raised in Labor Council's submission.

The Government addressed all of the concerns raised by Labor Council and the unions and signed off on the revised third version of the Draft Occupational Health and Safety Regulation 2001.

The Occupational Health and Safety Regulation came into effect on the 1st September 2001.

Briefing Kits on OHS & Workers Compensation

A number of briefing kits and notes were prepared by Mary on all of the changes to workers compensation throughout 2001.

Mary will be producing a comprehensive kit on the changes to Workers Compensation and Occupational Health and Safety in 2002. This kit will include comprehensive overheads, speakers and background notes. It will be available in both hard and electronic versions.

OHS Project Alcohol and Drug Kit

The NSW Government held a Drug Summit in May 1999. One of the initiatives arising out of the Summit was a joint venture between the NSW Government, Labor Council and Unions to pilot drug and alcohol workplace training, targeted at Supervisors, Human Resource Managers and others in key Occupational Health and Safety roles. Labor Council has established a peak project management committee that developed policy guidelines and is working towards developing a training package.

The Department of Health's Centre for Education and Information on Drugs and Alcohol (CEIDA) agreed to fund a project to turn the Guidelines into easily understood fact sheets in order to progress the project. A Kit will be launched by Labor Council in February 2002.

YouthSafe Resource Kit For High Schools

Mary has continued to assist and convene the Labor Council's YouthSafe Committee. In association with the Committee, Mary has developed:

  • A kit for TAFE Colleges (similar to the kit for High Schools)
  • Additional OHS Resource Kit for Secondary Schools

The NSW Teachers Federation (NSWTF) and the NSW/ACT Independent Education Union (IEU) were involved in the development of the kit and associated materials.

The Kit comprises classroom activity based lessons and relevant material for students such as, information cards, stickers and leaflets, which also provide information about unions.

Occupational Health and Safety Internet Site

As part of a WorkCover grant project, Labor Council established an Occupational Health and Safety Internet Site to sit alongside LaborNET. There is also a dedicated section for young workers and Council has developed an interactive site for high school and TAFE students located at http://ohs.labor.net.au

In 2001 Mary represented Labor Council on the following boards and committees: -

  • Convener and co-ordinator of Labor Council's Occupational Health and Safety and Workers' Compensation Committee
  • Convener and co-ordinator of the YouthSafe Committee
  • Workers Compensation & Workplace Occupational Health and Safety Council
  • Related Industry Reference Groups (IRGs)
  • Asset Superannuation Fund
  • ACTU Occupational Health and Safety and Workers Compensation Committee

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