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:– 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