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The harmonization of OH&S was negotiated between all states and territories (except Western Australia) in 2008, but the NSW Premier- Kristina Keneally, has refused to adopt the changes without key concessions for her state. Keneally has said that she won’t sign on unless two elements – the onus of proof on an employer, and the Unions right to prosecute- remain. The Prime Minister Julia Gillard says that nationalizing the laws will actually make workers safer. So who is right? And could the NSW Premiers stubborn refusal to sign on derail the whole process?

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