Post on 28-Apr-2018
NOTE – this presentation has been designed for use by organisations and agencies that come under the Commonwealth health and safety jurisdiction
This version of the ‘You and the WHS Act’ presentation identifies the WHS Act as the WHS Bill until passed by Parliament. Once passed, this version of the session will be updated to a new version that will alter the reference to WHS Act 2011 (Cth)
This has been designed for use as a presentation or as speaking note prompts for managers and team leaders. The aim is to promote discussion at team meetings and in any other desired setting that allows for workers to be informed of the new WHS laws and how they apply to them.
Any feedback, changes, suggestions to be directed to:projectharmony.education@comcare.gov.au
August 2011 Version 2.1
WHY WE ARE HERE
The purpose of this session is to raise your awareness about the Work Health and Safety Bill 2011 and other related legislation.
LEARNING OUTCOMES
By the end of this session, you should be able to:• Explain the purpose of harmonising work health
and safety laws• Describe where we are in the implementation
timeline• Identify the key changes in the new WHS laws• Summarise your responsibilities• Outline the consultation, participation and
representation provisions in the new laws that may impact you.
HARMONISATION TIMELINE
Model WHS Regulations and
Codes of Practice
Recommendation to harmonise
OHS laws
Inter-Governmental
Agreement (IGA) signed
Implementation 1 January 2012
2006 2008 2009 2010 2011 2012
Safe Work Australia
established
Model Act released for public
comment
Education and transition phase
We are here.The
Commonwealth WHS Bill 2011 is
now with parliament
WHY HARMONISE?
• Develop equitable and effective health and safety standards and protections for all Australians.
• Address the compliance and regulatory burdens for employers with operations in more than one state.
• Create efficiencies in government in providing regulatory and support services.
OVERVIEW OF WHS BILL 2011
WHS Bill
Incident notification
(Part 3)
Scope, object and definition
(Part 1)
Health and safety duties
(Part 2)
Consultation, representation
and participation
(Part 5)
Authorisations(Part 4)
Discriminatory, coercive and
misleading conduct(Part 6)
Workplace entry by WHS entry permit holders
(Part 7)
The regulator(Part 8)
Securing compliance
(Part 9)
Enforcement measures(Part 10)
Enforceable undertakings
(Part 11)
Review of decisions(Part 12)
Legal proceedings
(Part 13) General(Part 14)
KEY DIFFERENCES
OHS Act WHS Bill Principal duties on employers Principal duties on PCBUs
No officer duties Officer duty of due diligence
Largely civil enforcement Criminal enforcement
Employee/contractor Worker
Criminal penalties to $495 000 ($242 000 civil breach)
Penalties up to $3 million, $600 000 for an individual and/or five years prison
Fines, injunctions, remedial orders, enforceable undertakings
Same plus range of other orders and imprisonment
Investigators Inspectors
No issue resolution procedures Issue resolution procedures
No union entry Union right of entry
KEY DIFFERENCES
OHS Act WHS BillPrincipal duties on employers Principal duties on PCBUs
No officer duties Officer duty of due diligence
Largely civil enforcement Criminal enforcement
Employee/contractor Worker
Criminal penalties to $495 000 ($242 000 civil breach)
Penalties up to $3 million, $600 000 for an individual and/or five years prison
Fines, injunctions, remedial orders, enforceable undertakings
Same plus range of other orders and imprisonment
Investigators Inspectors
No issue resolution procedures Issue resolution procedures
No union entry Union right of entry
KEY DIFFERENCES
OHS Act WHS Bill Principal duties on employers Principal duties on PCBUs
No officer duties Officer duty of due diligence
Largely civil enforcement Criminal enforcement
Employee/contractor Worker
Criminal penalties to $495 000 ($242 000 civil breach)
Penalties up to $3 million, $600 000 for an individual and/or five years prison
Fines, injunctions, remedial orders, enforceable undertakings
Same plus range of other orders and imprisonment
Investigators Inspectors
No issue resolution procedures Issue resolution procedures
No union entry Union right of entry
EXAMPLE REGULATIONS
The WHS Regulations complement and support the general duties under the WHS Bill.
Example regulations that cover specific areas include:• construction work (Chapter 6)• hazardous chemicals (Chapter 7)• asbestos (Chapter 7)• mines (Chapter 9).
Regulations apply to PCBUs, officers (as defined by the Bill) workers and others.
CODES OF PRACTICE
• The purpose of the WHS Codes of Practice is to provide practical guidance to PCBUs, officers and workers on achieving the standards of health, safety and welfare required under the WHS Bill and the WHS Regulations.
• WHS Codes of Practice are admissible in court proceedings under the WHS Bill and WHS Regulations.
EXAMPLE CODES
The Codes of Practice are critical to understanding the duties contained in the model WHS Bill and Regulations.
The Codes of Practice represent the guidelines in how to implement the WHS Bill. Example of priority stage 1 codes include:
• managing noise and preventing hearing loss at work• hazardous manual tasks• confined spaces• how to prevent falls at workplaces.
COMCARE AS REGULATOR
Comcare will be the regulator of the WHS Act 2011 (Cth).
Key Fact:Regulator functions are covered in Part 8 of the WHS Bill.
Advise
Recommend
Monitor
Inform
Co-operate
Consult
Promote Functions of regulator
Enforce compliance
GROUP DISCUSSION
What does consultation mean to you?
What role can you play in the consultation process?
OTHER KEY PROVISIONS
Consultation, Participation and Representation
The PCBU has an obligation to consult
with workers
Health and Safety Representatives
(HSRs) elected for work groups on request
Health and Safety Committees
established on request
Key Fact:These provisions are covered in Part 5 of the WHS Bill.
OTHER KEY PROVISIONS
Consultation, Participation and Representation
The PCBU has an obligation to consult
with workers
Health and Safety Representatives
(HSRs) elected for work groups on request
Health and Safety Committees
established on request
• Any worker• Appointed/elected on
request from a worker• Three-year term• Powers include directing
cessation of work or issuing PINs
• Duties include inspections or establishing Health and Safety CommitteesKey Fact:
These provisions are covered in Part 5 of the WHS Bill.
OTHER KEY PROVISIONS
Consultation, Participation and Representation
The PCBU has an obligation to consult
with workers
Health and Safety Representatives
(HSRs) elected for work groups on request
Health and Safety Committees
established on request
• Any worker• Appointed/elected on
request from a worker• Three-year term• Powers include directing
cessation of work or issuing PINs
• Duties include inspections or establishing Health and Safety CommitteesKey Fact:
These provisions are covered in Part 5 of the WHS Bill.
OTHER KEY PROVISIONS
Consultation, Participation and Representation
The PCBU has an obligation to consult
with workers
Health and Safety Representatives
(HSRs) elected for work groups on request
Health and Safety Committees
established on request
• Established on request from an HSR or five or more workers
• Meet at least every three months (or at reasonable time)
• At least half the members must not have been nominated by PCBU
• Facilitate cooperationKey Fact:These provisions are covered in Part 5 of the WHS Bill.
OTHER KEY PROVISIONS
Consultation, Participation and Representation
The PCBU obligation to consult
Health and Safety Representatives
(HSRs)
Health and Safety Committees
Workers
OTHER KEY PROVISIONS
Other Features in Consultation, Participation and Representation
Issues resolution
Provisions against discrimination,
victimisation and coercion
Right to cease unsafe work
UNIONS
Entry permit holders under WHS Bill have right of entry to a workplace:
• without notice to inquire into a suspected contravention• with 24 hours notice for advice or consultation (no
suspected contravention)• with 24 hours notice for document requests.
Key Fact:These provisions are covered in Part 7 of the WHS Bill.
INCIDENT NOTIFICATION
PCBUs have a duty to notify the regulator about:• Serious injuries or illnesses that arise out of work• Dangerous incidents that occur at a workplace.
Key Fact:These provisions are covered in Part 3 of the WHS Bill.
GROUP DISCUSSION
Overall, what part can you play in contributing to a healthy and safe workplace?
What is your role as a worker to report incidents?
CHECKPOINT
QUESTION ONE• Why do we need harmonised WHS laws?
QUESTION TWO• When the WHS Bill becomes an Act passed by
parliament, when will it apply?
QUESTION THREE• The legislation framework is made up of the WHS Bill,
Codes of Practice and what else?
CHECKPOINT
QUESTION FOUR• The term Person Conducting the Business or
Undertaking (PCBU) replaces which term under the OHS Act?
QUESTION FIVE• What is the standard of care we must apply in our work
activities under the WHS Bill?
QUESTION SIX• Under the WHS Bill, the definition of which word is now
broader to capture a range of work relationships.
RESOURCES
There is a range of information available from Comcare harmonisation website www.comcare.gov.au/whs.
SUMMARY
As we continue the harmonisation journey, keep the following points in mind:
• The purpose of the WHS Bill is to harmonise the health and safety laws across all jurisdictions.
• Harmonisation means the introduction of a new WHS Act, WHS Regulations and Codes of Practice.
• Comcare will be the regulator for the Commonwealth jurisdiction.
• Workers have a duty to take reasonable care for their own health and safety and others
• There are resources available either through your intranet or Comcare’s harmonisation website www.comcare.gov.au/whs