Transcript Workplace Health and Safety Queensland PowerPoint template

www.worksafe.qld.gov.au
www.worksafe.qld.gov.au
Service Area
Workplace
Health and Safety Queensland
WorkHeading
Health and Safety Act 2011
Main
Sub-heading
Paul Goldsbrough - Senior Director Policy
Workplace Health and Safety Queensland
Workplace Health and Safety Queensland
www.worksafe.qld.gov.au
Harmonisation across the jurisdictions
•
Queensland, NSW, ACT, NT and Commonwealth commenced
harmonised WHS laws 1 January 2012
•
Tasmania passed its WHS Bill which will commence on 1 January 2013
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South Australia introduced their Bill into Parliament and is waiting for
their Bill to be debated
•
Western Australia is waiting until the model mining health and safety
laws are finalised so that both sets of laws can be implemented at the
same time
•
Victoria has completed their state-specific regulatory impact statement
and will not implement at this time
Workplace Health and Safety Queensland
www.worksafe.qld.gov.au
Work Health and Safety Act 2011
•
The harmonised Queensland Work Health and Safety Act 2011
commenced on 1 January 2012
•
This Act:
– repealed the Workplace Health and Safety Act 1995
– repealed the Dangerous Goods Safety Management Act 2001 as
dangerous goods and major hazards facilities are dealt with under
the Work Health and Safety Act 2011;
– ensures the Electrical Safety Act 2002 is consistent with the national
model WHS Act (provisions remain un-commenced)
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Transitional provisions cover all matters from prosecutions, appointment
of health and safety representatives, notices issued before the repeal,
inspector appointments
Workplace Health and Safety Queensland
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Duties of PCBUs - What’s new
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A PCBU must ensure, so far as is reasonably practicable, the health
and safety of workers and other persons.
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Duty to consult, cooperate and coordinate activities with other duty
holders who have duty in relation to the same manner (e.g. labour hire
companies)
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Duty to consult with workers on a variety of matters including:
– Identifying hazards and risks and making decisions on ways to
eliminate or minimise risks
– Decisions about adequacy of facilities
– Decisions on procedures e.g. consultation, issue resolution
Workplace Health and Safety Queensland
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Officers - What’s new
• Officers must exercise due diligence to ensure that the PCBU
complies with the Act
• Represents a shift away from attributed liability (being held liable for
contraventions by the company)
• ‘Officer’ includes (definition from Corporations Act 2001):
– those persons involved in making decisions that affect the whole
or a substantial part of the business or undertaking (e.g.
directors, company secretary, officeholder)
– receivers, administrators, liquidators
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Workplace Health and Safety Queensland
Officers – Due Diligence
reasonable steps to
acquire knowledge of WHS matters
understand nature of the operation and associated WHS hazards & risks
ensure resources and processes to eliminate or minimise WHS risks
ensure processes for receiving, considering and responding to WHS
information in a timely way
ensure processes and implementation for complying with WHS duties
verify compliance
Workplace Health and Safety Queensland
www.worksafe.qld.gov.au
Workers - What’s new
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Workers must exercise ‘reasonable care’ as opposed to not doing
anything wilfully or recklessly
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Definition of ‘worker’ includes:
– an employee
– a contractor or subcontractor
– an employee of a contractor or subcontractor
– an employee of a labour hire company who has been assigned to
work in the person's business or undertaking
– an outworker
– an apprentice or trainee
– a student gaining work experience
– a volunteer
– a PCBU if the person is an individual who carries out work in that
business or undertaking
Workplace Health and Safety Queensland
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Offences
•
Category 1: recklessly exposes a person to risk of death or serious
injury or illness - $3M corporations; $600,000 individuals; 5 years
imprisonment
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Category 2: serious risk of harm without recklessness - $1.5 million
corporations; $300,000 individuals
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Category 3: fails to comply with WHS duty - $0.5 million corporations;
$100,000 individuals
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Appeals to High Court of Australia
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Independent right of review when regulator does not prosecute for
Category 1 or 2 offences – by the Director of Public Prosecutions
Workplace Health and Safety Queensland
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Designer duty – WHS Act
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Designers have a duty to comply with section 22 of the WHS Act and
ensure, so far as is reasonably practicable, that the design is without
risks to health and safety
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Consistent with requirements under the repealed WHS Act 1995
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However previously designers of housing or ancillary buildings (class
1a and 10a structures) were exempt from designer duties under the
repealed WHS Act 1995
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Section 22 imposes duties on designers of any structure that is to be
used or could reasonably be expected to be used as or at a workplace
– e.g. a house under construction is a workplace for that phase
Workplace Health and Safety Queensland
www.worksafe.qld.gov.au
Designer duties – WHS Regulation
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Section 295 of the WHS Regulations specifies additional duties on
designers of a structure to provide a written report to the PCBU
commissioning the design where:
– the designer is aware of hazards that could create a risk to health
and safety to persons constructing the structure; and
– these hazards are associated only with that particular design and
not with other designs of the same type of structure.
Workplace Health and Safety Queensland
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When does section 295 apply to designers
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Duty to prepare a written report when the design client commissioning
the design is a PCBU
– e.g. a corporation, an individual or person using an ABN or an
owner-builder
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No duty to prepare a written report where the design client is not a
PCBU
– not for a home buyer, owner or occupier commissioning work on
their own home or DYI renovations/refurbishments
Workplace Health and Safety Queensland
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When does section 295 apply to designers
•
•
Where a written report is required for a design client that is a PCBU, the
designer is only required to provide a written report where:
– the design is unusual or atypical (associated only with the particular design
and not with other designs of the same type of structure); and
– the design may create a risk to health and safety of persons constructing
the structure
For example
– structure (eg warehouse designed with cable-stayed roof instead of portal
framed building);
– location (house designed to be built on bridge instead of flat land);
– materials (structure designed entirely of recycled materials);
– technique (telecommunication tower designed to be transported and
erected using a helicopter instead of a truck and crane)
Workplace Health and Safety Queensland
www.worksafe.qld.gov.au
What should the written report address
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•
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•
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Any identified hazardous materials or structural features that are
unusual
Designer’s assessment of risk of injury or illness to construction
workers arising from those hazards
Designer to suggest ways or conditions to ensure that structure may be
safely constructed
A designer can contract a consultant to write the report but the duty of
care remains with the designer
Designer to provide written report to PCBU commissioning design
before any construction work commences on the structure
Workplace Health and Safety Queensland
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Who is qualified to do a written report?
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Responsibility rests with a designer
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A designer is a person conducting a business or undertaking whose profession,
trade or business involves them in:
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–
–
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preparing designs for structures, including variations to a plan or changes to a structure, or
arranging for people under their control to prepare designs for structures, or
making design decisions that will affect the health and safety of others.
For example
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–
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architects, building designers, engineers, building surveyors, interior designers, landscape
architects, town planners and all other design practitioners
building service designers, engineering firms or others designing services that are part of the
structure such as ventilation, electrical systems and permanent fire extinguisher installations
contractors carrying out design work as part of their contribution to a project (for example, an
engineering contractor providing design, procurement and construction management services)
Workplace Health and Safety Queensland
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When does section 295 commence?
•
Section 295 took effect when the WHS Act commenced on 1 January
2012. This means that designs commissioned by a PCBU prior to 1
January 2012 do not have to comply with s295
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If a designed is found to be in breach of s295 of the WHS Regulation,
an inspector can issue a notice directing a written report be prepared or
initiate prosecution action
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There are no exemptions to the written report (e.g. all single residential
up to 3 storeys, multi-residential up to 3 storeys utilising typical
construction parameters) - if the design features are atypical they will
captured by the regulation
Workplace Health and Safety Queensland
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Further information
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Infoline 1300 369 915
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