Are you prepared for harmonisation?
In 2008 the federal government started working towards harmonising the health and safety legislation across the nation. The aim of the harmonisation is to enhance protection of the health and safety of workers, improve safety outcomes in workplaces, reduce compliance costs for business and to improve efficiency for regulatory agencies.
On 1 January this year these changes became effective, and employers around Australia are required to comply. So what are these changes and how do they affect you? In brief, the key changes you need to take notice of are:
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Persons undertaking or conducting business (PCBU’s) will have a duty to, far as is reasonably practicable to ensure the health and safety of workers and others in the workplace, provide and maintain a work environment and safe systems of work and provide information, training and consultation around health and safety in the workplace. This list is only a snapshot of the duties that will be enacted.
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The definition of a ‘worker’ will be broadened to include contractors, labour hire companies, work experience, apprentices or trainees, outworkers and volunteers.
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Unions will have entry rights to all work places, be able to consult with and provide WHS advice to workers and investigate suspected breaches.
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WHSO’s will be replaced with health and safety representatives who will have increased powers in the workplace. Representatives will be able to direct work to cease where they feel it is unsafe and issue provisional improvement notices.
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The responsibility to notify authorities in the event of an incident or near miss will be imposed across the country.
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The penalties for breaches have increased and will now apply to individuals as well as corporations, meaning any person at any level of a business can now receive a fine.
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Guidelines will be introduced outlining requirements for businesses around consultation with employees on workplace health and safety issues. It will require businesses to consult with employees when identifying and making decisions about hazards and risks, and any changes proposed or general decisions around work place health and safety procedures. Business will also be required to implement issue resolution processes.
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Business will be required to appoint Officers. These will be people who make decisions, or participate in making decisions that affect the whole, or a substantial part of a business and have the capacity to significantly affect the financial standing of the business. Officers must exercise due diligence to ensure that the PCBU complies with their duties under legislation.
So what should you have prepared?
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Audit your existing health and safety arrangements and what changes you may need to make to meet the new legislation.
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Ensure your business has and implements processes and policies for complying with the duties under the act that is relevant to your organisation.
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Ensure your business has processes in place such as incident reporting, hazard and risk assessments and work place health and safety policies and that these are being utilised.
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Ensure your health and safety representatives are trained and understand their roles.
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If you haven’t got one already, introduce a work place health and safety committee.
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Identify who within you organisation is an Officer and ensure they are aware of the obligations.
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Train all workers on their obligations and the new legislation and identify and implement methods to ensure that knowledge of WHS is maintained.
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Consider engaging a work place health and safety consultant to assist you in auditing your business to ensure you have covered all bases.
It is important to note that only NSW, QLD and the ACT have currently adopted this new legislation.
If you require any further information relating to this please contact Watts Next and we can either answer your question or refer you to a work place health and safety specialist.
DISCLAIMER: This article does not constitute legal advice. If you require assistance with creating policies for your workplace, please email admin@wattsnext.com.au
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