TOOL BOX TALKS Work Health Safety Legislation Background

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