Looking for an update on the harmonised Workplace Health and Safety laws?
As reported in an earlier issue of Your HRmatters, Australia has been moving towards harmonised OHS laws. For this to work, all States and territories must pass Bills in their Parliaments. These have commenced with South Australia, New South Wales and Queensland leading the way.
However, hopes for a united national approach to workplace safety reform recently took a backward step. Both Victoria and Western Australia have called for the new laws to be delayed.
In the meantime, draft Model Codes of Practice have been released for public comment, with closing dates of mid November and December. It is clear all won't be in place for January 1 2012, adding to employer confusion.
Key areas of the legislation
- The Model legislation moves away from a reliance on the employer and employee relationship as the determinant of who has duties and obligations in respect of health and safety. The primary duty holder under the Model Bill is “the person conducting a business or undertaking”, already becoming known as “the PCBU”. The acronym PCBU which stands for “person conducting a business or undertaking”. This is a very broad term and affects more people than the current state legislations.
- “Worker” is broadly defined (to include contractors, subcontractors, labour hire workers, students gaining work experience, volunteers, etc), and, secondly, that other provisions apply much more broadly, so that the duty applies not just to workers, but, for example, to “other persons” who may be put at risk from work carried out as part of the conduct of the business or undertaking. It affects all employers, workers, volunteers, and anyone carrying out an undertaking for a business or charity.
- A new requirement is the provision for a PCBU to provide audiometric testing for a worker who is frequently required to wear hearing protection to protect against noise above the exposure standard.
- There are also other key changes for hazardous work including hazardous chemicals, demolition work, diving work and electrical safety.
In Queensland, NSW and ACT the relevant state authorities are running free information sessions for employers. NSW Workcover has released a summary of the key changes as they affect NSW businesses and Workplace Health and Safety Queensland answer questions for Queensland companies on their website.
If you are unsure of the impact of the Workplace Health and Safety Regulations in your State on your business please contact us.