TOOL BOX TALKS Harmonisation of OHS Legislation Note

TOOL BOX TALKS Harmonisation of OHS Legislation Note: this is preliminary info with more being available later in the year or early next year including specific actions required

Background • New model OHS laws will impact all persons who conduct a business or undertaking (includes NGOs) • Reform process continues with development of model OHS regulations and codes of practice started and continuing into next year.

Timeline • Model Act endorsed by WRMC 11 December 2009 • Exposure draft of Regulations with regulatory impact statement and issues paper open for public comment from approx 1/11/10 to 28/2/11 • Regulations to be endorsed by WRMC by 11/6/11. • National model OHS laws take effect 1/1/2012

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 removed • Broadened consultation requirements to all parties including contractors • Greater protection against discrimination and coercion in relation to OHS • 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 • Visitors and volunteers have a duty to take reasonable care to avoid injury to themselves and others

Person Conducting Business or Undertaking • Primary duty similar to current Act but 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 • Ensure the officers of business: – Understand the nature of the operations of the business and generally of the hazards and risks associated with it – Has a current knowledge of work, health and safety matters as relevant for industry – Has processes for risk management and response to issues raised including appropriate resources – Has processes which are implemented to comply with requirements of Act including incident notification, consultation etc. – Has a system 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.

Volunteers • An elected member of a local authority or a volunteer is not liable for an offence under the model act for a failure to comply with a safety duty

Consultation • 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 likely to be provided for currently trained reps • Reps to have power to issue Provisional Improvement Notices and Stop Work Notices if trained • Reps or employees may request formation of OHS Committee • Regulations to specify other consultation requirements