New Work Health & Safety Legislation What does it mean for you as a Business Owner, Director or Executive?

Transcription

1 New Work Health & Safety Legislation What does it mean for you as a Business Owner, Director or Executive?

2 Session Overview The WHS Act 2011 became law in January This presentation outlines some key changes between the old Act and the new Act, new concepts or terminology and obligations that you as a business owner, Company Director or Executive need to know not only to ensure compliance with the Law but to ensure you are doing everything required to provide a safe workplace.

3 What Has Changed? Principles of safety remain the same You still have an obligation to keep yourself, your workers and others safe from harm and to control risks If you have WHS obligations now you will continue to have them under the harmonised legislation For many workplaces, who already have good WHS practices in place, the change will be minimal

4 What are the Key Differences? OHS ACT Principal duties on employers No officer duties Employee/contractor Largely civil enforcement Criminal penalties to $ ($ civil breach) Fines, injunctions, remedial orders, enforceable undertakings Investigators No issue resolution procedures WHS ACT Principal duties on PCBUs Officer duty of due diligence Worker Criminal enforcement Penalties up to $3 million, $ for an individual and/or five years prison Same plus range of other orders and imprisonment Inspectors Issue resolution procedures No union entry Union right of entry

5 Why Have Things Changed? There are still too many fatalities and accidents occurring across Australian Workplaces. This needs to be addressed as a priority! Goal: Uniform Laws across Australia To reduce the Red Tape! Compliance & regulatory obligations will be easier to manage for businesses operating across Australian State borders

6 Why Have Things Changed? Consistent Level of Safety Every worker in Australia is entitled to the same level of work health & safety standards wherever they work, whatever they do.

7 Why Have Things Changed? Common Resources There will be a larger source of consistent Health & Safety information and advice available

8 What are my Responsibilities? PCBU A person conducting a business or undertaking Includes Corporations, businesses, partnerships, labour hire businesses, associations and franchisees Officer a person who makes or participates in making decisions that affect the whole or a substantial part of a business or undertaking Worker & Others are employees, contractors, clients, visitors, students, volunteers. Supervisors or Team Leaders are also considered to be Workers.

9 What are my Responsibilities? PCBU Health and Safety of Workers Includes Others Minimise Risks Duties similar to those as an Employer under the previous laws. Includes other persons who may be put at risk by an activity clients, contractors, visitors, work experience students etc If it is not practically possible to eliminate risks then they should be minimised as much as practically possible.

10 What are my Responsibilities? Officer Exercise Due Diligence Ensure PCBU Complies Due Diligence: Have an understanding of operation Understand the risks and hazards inherent within the operations Have up to date knowledge of WHS laws Verify that risks and hazards are being controlled Ensure appropriate processes are in place to manage the identification, analysis and control of risks Ensure appropriate resources are in place to conduct the required processes If the PCBU has a duty under the ACT, the Officer is to ensure that they are compliant, in particular with their Duty of Care.

11 What are my Responsibilities? Care Care for their own and other's safety Worker Comply Comply with any reasonable instruction so far as reasonably able. Co-operate Co-operate with PCBU s reasonable WHS policy, procedure or instruction

12 What is Reasonably Practicable? Reasonably Practicable is a concept that considers a number of factors to help decide what is reasonable in terms of controlling risks. Factors to consider include: The likelihood of the hazard or the risk concerned occurring The degree of harm that might result What the person concerned knows, or should know about the hazard or the risk, and its control The availability and suitability of ways to eliminate or minimise the risk. Cost can only be considered as a factor once these factors have been weighed up including whether the cost is grossly disproportionate to the risk.

13 Consultation Participation - Representation PCBU Has an obligation to consult with workers. Consultation is required when undertaking risk management activities, making decisions about WHS procedures or proposing changes that may affect the WHS of workers. Health & Safety Representatives Only required if requested by workers. Duties include: Representing workers in WHS issues Investigating incidents & issues Can direct unsafe work to cease Can issue PINs (Provisional Improvement Notices) Health & Safety Committee Established on request from an HSR or five or more workers. A Health & Safety Committee: Meets at least every three months Majority of members not nominated by PCBU Facilitates Cooperation

14 Do Penalties Apply? YES! One of the main differences between the old Act and the new Act is that PCBU s and Officers can be held personally accountable and culpable for failures to protect their workers from risk. The maximum penalty is $3 million for a corporation. The highest penalties for individual persons' conducting a business or undertaking (PCBUs) and officers are $ or 5 years jail. Ignorance is no defence!

15 Do Penalties Apply? Category 1 most serious breaches, for a duty holder who recklessly endangers a person to risk of death or serious injury. Corporation: up to $3m Individual as a PCBU or an officer: up to $600k / 5 years jail Individual e.g. worker: up to $300k / 5 years jail Category 2 failure to comply with a health and safety duty that exposes a person to risk of death, serious injury of illness. Corporation: up to $1.5m Individual as a PCBU or an officer: up to $300k Individual e.g. worker: up to $150k Category 3 failure to comply with a health and safety duty. Corporation: up to $500k Individual as a PCBU or an officer: up to $100k Individual e.g. worker: up to $50k.

16 Tell Me About Incident Notification? An incident is notifiable if it arises out of the conduct of a business or undertaking and results in the death, serious injury or serious illness of a person or involves a dangerous incident. PCBUs have a duty to notify the regulator about: Serious injuries or illnesses that arise at work Dangerous incidents that occur at a workplace.

17 Tell Me About Incident Notification? If a notifable incident occurs: A PCBU must make notification immediately after becoming aware that a notifiable incident has occurred. Ensure, as far as reasonable, that the site where the incident occurred is not disturbed until an inspector arrives at the site. The site includes any plant, substance, structure or thing associated with the notifiable incident. A record of each notifiable incident must be kept for at least 5 years from the date notified

18 Right of Entry A WHS entry permit holder is a union official who holds an entry permit. Under the new WHS Act Entry permit holders 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.

19 Why is All This Important? The safety of your Workers is of utmost importance It s the Law - Heavy Penalties for non-compliance Personal Liability Criminal offence Goal is to get everyone home safely at the end of the day So you can sleep easy at night knowing you ve done everything you can

20 Session Summary The WHS Act is active now! You can be held personably liable for breaches of the Law Consultation is KING! Talk to your workers, share information, listen to their feedback, consult with them about safety issues Use the processes being put into place to assist you. If in doubt ASK Help & advice is available

21 Where To From Here? Are you interested in learning more? Would you be interested in a free 1 hour consultation to assess your current level of risk? Do you need help with this? CALL US NOW on TO BOOK A FREE 1 HOUR STRATEGIC BUSINESS RISK CONSULTATION (Valued at $497)

22 Further Information? WorkSafe Qld has produced a short video providing further detail about your responsibilities under the new Work Health and Safety Law. You can view it at: Have a look at it...and then, if you need to, give us a call on We are here to help you!