Transcript TOOL BOX TALKS

TOOL BOX TALKS
Work Health & Safety
Legislation
Background
• New WHS laws commenced January 1,
2012 which impact all persons who
conduct a business or undertaking
(includes NGOs)
• Reform process continues with the issuing
of more codes of practice later in 2012
Significant changes
• Move from employment as basis for duties, obligation
and rights
• New positive duty of care for officers with due diligence
defined
• Reverse onus of proof for some offences removed
• Rights of unions to commence private prosecutions
limited
• Broadened consultation requirements to all parties
including contractors
• Greater protection against discrimination and coercion in
relation to WHS
• Emphasis on graduated enforcement such as
enforceable undertakings but higher penalties
Duty of Care
• All who are involved in the conduct of work, or
contributing things for it to occur will have a duty
of care and should be involved in risk elimination
or minimisation
• Workers including volunteers and visitors have a
duty to take reasonable care to avoid injury to
themselves and others
Person Conducting Business or
Undertaking
• Primary duty now placed on Person Conducting
Business or Undertaking (PCBU) as this
encompasses a greater range of people and
broadens the consultation requirements.
Specific requirements for:
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Plant and substances
Welfare facilities
Systems of work
The workplace
Information, instruction and supervision
Due Diligence
• Officers of PCBU must take reasonable steps:
– To understand the nature of the operations of the
business and generally of the hazards and risks
associated with it
– To acquire a current knowledge of work, health and
safety matters as relevant for industry
– To ensure that PCBU has processes for risk
management and response to issues raised including
appropriate resources available and used
– To ensure the PCBU has processes which are
implemented to comply with requirements of Act
including incident notification, consultation etc.
– To verify ongoing compliance with the legislation
Worker
• Broadened to include any person who works,
in any capacity, in or as part of the business or
undertaking including contractors and
volunteers.
• Also includes agency staff, students
Consultation
• Act mandates consultation but process up to PCBU with
worker agreement
• Emphasis on election of health and safety representatives for
agreed work groups
• Health and Safety Rep to attend 5 days of training but
transitional training of one day for anyone who has previously
done 4 day consultation training
• Reps to have power to issue Provisional Improvement Notices
and Stop Work Notices if trained
• Reps or workers may request formation of WHS Committee
• WHS Committees to focus on policies and procedures and do
not need to be trained