Transcript WHS - NSW Sports Federation Presentation

Duties and Responsibilities.
Work Health and Safety Act 2011
Session outline
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PCBUs
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Duty holders
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Definition of an officer
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How do you know if you are an officer
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Duties of officers
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Due diligence
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Consultation
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Volunteers
PCBUs
So what is a PCBU
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Employers
Partnerships
Sole Traders
Corporations
Self Employed
Contractors
Labour Hire
PCBU duties
Ensure, so far as reasonably practicable, the health and safety of:
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Workers they engage, or cause to be engaged
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Workers they influence or direct
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Others
Duty Holders
PCBU
Officers
Workers
Others
Who is an Officer?
• An officer is:
a) an officer within the meaning of section 9 of the Corporations Act
2001 other than a partner in a partnership, or
b) an officer of the Crown, or
c) an officer of a public authority, other than an elected member of a
local authority acting in that capacity.
Corporations Act 2001 definition
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a director
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a secretary
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a person who makes, or participates in making, decisions that affect
the whole, or a substantial part, of the business or undertaking
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a person who has the capacity to significantly affect the business or
undertaking’s financial standing
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a person whose instructions or wishes the directors of the corporation
act on
Duty of officers
Officers must exercise due diligence to ensure the PCBU meets its
health and safety duties
PCBU primary duty of care
Ensure, so far as is reasonably practicable, the health and safety of
workers and others
Reasonably practicable’
Factors to be considered
Likelihood
Seriousness
What You Should Know
Availability & Suitability
Due diligence
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Understand business health & safety risks
Acquire safety knowledge and keep up to date
Ensure WHS legal compliance
Receive and consider information on incidents, hazards &
risks
• Provide resources to eliminate or minimise risks
• Audit & review WHS processes and use of resources
Consultation
• Consultation, representation
and participation
Consult, Cooperate & Coordinate
PCBU
Consult
Workers
Consult
Cooperate
Coordinate
Other duty holders
Principles of consultation
If you are a PCBU you need to:
• encourage everyone to express their views
• share relevant information
• consider the views of workers
• inform workers of decisions
When is consultation required?
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identifying hazards and eliminating risks
adequacy of facilities
proposing changes
procedures for consultation
resolving WHS issues
information and training
Consultation mechanisms
• Health and Safety Representatives (HSR)
• Health and Safety Committees
• Other arrangements
Consultation summary
• The duty to consult remains
• HSRs are the main mechanism for consultation
• Approved training for HSRs
• Committees have a new role
Volunteers
Work Health and Safety Act 2011
and Volunteers
Volunteers
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Who are volunteers
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Duties of volunteers
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Duties of people and businesses who engage volunteers
Definitions
• Volunteer means a person who is acting on a voluntary basis
(irrespective of whether the person receives out-of-pocket expenses).
• Section 4 Work Health and Safety Act 2011
Definitions
• Volunteer association means a group of volunteers working together
for one or more community purposes where none of the volunteers,
whether alone or jointly with any other volunteers, employs any person
to carry out work for the volunteer association.
• A volunteer association does not conduct a business or undertaking
for the purposes of this Act.
• Section 5 Work Health and Safety Act 2011
Volunteer association or PCBU?
PCBU
yes
Do you employ
anyone to carry out work?
no
Volunteer association
PCBU duty to workers (including volunteers)
Ensure, so far as reasonably practicable, the health and safety of workers
and others
PCBU duty to workers (including volunteers)
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Safe work environment
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Safe plant, structures and substances
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Safe systems of work
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Facilities for welfare
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Information, training, instruction
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Health and workplace monitoring
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Consultation
Volunteer duties
Volunteers engaged by a PCBU have the duties of a worker.
A worker must:
• Take reasonable care for themselves and others
• Comply with reasonable instructions from the PCBU
• Cooperate with policies and procedures of the PCBU
Volunteer officers e.g. directors, board members
Duty
•Officers must exercise due diligence to ensure the PCBU meets its
duties & obligations under the WHS Act
Liability
•Volunteer officers cannot be prosecuted for failing to meet their officer
duties
What you need to do to prepare?
• Person conducting a business or undertaking
• Volunteer
• Volunteer officer (director, board member)
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