As of 1 January 2012 Harmonisation is here.
Unlike some other states, in Queensland there is no grace period for commencement of all aspects of the new legislation.
Be informed: the old loop holes of small businesses “not really required to comply” with this legislation are certainly out the window.
Know this: If you conduct a business (or undertaking) with no, small, medium or large profit you will be expected to comply with the new legislation.
So what’s your new year’s resolution?
May we suggest that every CEO, CFO, MD and Owner/Director of business both big and small think – “Safety” is my new year‟s resolution!
Get used to this phrase PCBU (person conducting a business or undertaking) you are all these businesses; As a PCBU you must;
Ensure, so far as is reasonably practicable, the health and safety of workers and other persons.
Good new is that reasonably practicable has been defined;
Reasonably practicable means taking into account all relevant matters including:
- likelihood of the hazard or the risk concerned occurring
- degree of harm that might result from the hazard or the risk
- what the person concerned knows, or ought reasonably to know about the hazard or the risk and ways of eliminating or minimising the risk
- the availability and suitability of ways to eliminate or minimise the risk
Only after considering all the above can a PCBU then consider the cost associated with available ways of eliminating or minimising the risk, including whether the cost is disproportionate to the risk.
The challenge now is meeting this definition.
There is now a huge focus on “what the worker wants” or “consultation”
There are new provisions for consultation, cooperation and coordination - All PCBU's involved in the activity have a duty to consult and cooperate with each other to ensure that the work is without risk to health and safety;
Worker consultation - you must consult with workers who carry out work for the PCBU and who are (or are likely to be) directly affected by a health and safety matter.
Issue resolution - health and safety issues are to be resolved in accordance with an agreed procedure, or using the procedure in the Regulation provides that a representative of a party to an issue may enter the workplace for the purpose of resolving the issue unresolved WHS issues can be referred to the regulator. (a sample Issue Resolution Process doc can be downloaded here)
There are more definitions
You'll also hear the phrase “Officer” – that is a person who makes any decisions about business that could affect the safety of the workers – this includes Tenders, Designers, Managers, Supervisors, Safety Officers, Owners, Suppliers; all of these people now have their duties for workplace safety defined
The definition of "officer‟ includes:
- Directors, company secretary, partner, officeholder those involved in making decisions that affect the whole or a substantial part of the business or undertaking
- Those with capacity to affect significantly the organisation's financial standing
- Those on whose instructions or wishes directors are accustomed to act Receivers, administrators, liquidators
Then there's Due Diligence
Due diligence has been thrown around court rooms for years but the great news with the new legislation is that it is now defined;
Due diligence in relation to ensuring health and safety is defined for the first time in the WHS Act 2011. In demonstrating due diligence, officers will need to show that they have taken reasonable steps to:
- acquire and update their knowledge of health and safety matters
- understand the operations being carried out by the person conducting the business or
undertaking in which they are employed, and the hazards and risks associated with the operations
- ensure that the person conducting the business or undertaking has, and uses, appropriate resources and processes to eliminate or minimise health and safety risks arising from work being done
- ensure that the person conducting the business or undertaking has appropriate processes in place to receive and respond promptly to information regarding incidents, hazards and risks
- ensure that the person conducting the business or undertaking has, and uses, processes for complying with duties or obligations under the WHS Act 2011.
To download a copy of the definitions click here
This duty under the WHS Act 2011 applies whether or not there has been an incident and irrespective of whether the corporation is prosecuted (e.g. a work health and safety inspector may, during a routine audit or inspection, ask a corporate director to produce evidence that the director is meeting his or her due diligence requirements. If satisfactory evidence is not produced, the inspector may issue the director with an improvement notice. If the failure to demonstrate due diligence is serious, reckless or flagrant, the inspector might commence prosecution proceedings against the director).
Avoid the hangover from New Years Eve and start planning – stock up on the regular hangover cures but heres a couple of tips for getting ready:
1. Read the links below– believe me try and if you don't get it – ask someone who can assist you (AWX can help - see our consultancy flyer)
a. http://www.deir.qld.gov.au/workplace/resources/pdfs/implementation-national-whs-laws.pdf
b. http://www.deir.qld.gov.au/workplace/resources/pdfs/guide-model-whsreg-presentation.pdf
c. http://www.deir.qld.gov.au/workplace/resources/pdfs/whs-harmonisation-due-diligence.pdf
d. http://www.deir.qld.gov.au/workplace/law/whslaws/index.html
2. Make sure you attend a session on the Workplace Harmonisation Laws
If you missed the session the Chris Mossman and I did on the 19th of January you can download a copy by clicking here
3. Allocate time and money to
a. Assessing the size of the effort you need to put in to comply
b. Get ready to put that effort in
4. Summary get it before it gets you
These are some steps you can take now to address work health and safety.
Every business is unique, and some tips might not apply to your workplace.
Likewise, some duties, like providing a safe workplace and training and supervision, apply in all workplaces, regardless of size.
The new laws came into effect on 1 January 2012, so right now you need to review all your work health and safety policies and procedures to ensure they comply.
These tips provide a great start to make your workplace safer. They're the result of the 12 OHS hazards that inspectors commonly see during their visits to small businesses.
SMALL BUSINESSES
1. Fire - Ensure extinguishers are in place, maintained and clearly marked for type of fire. All fire exits are clear and exit signs illuminated.
2. Electrical Plugs, sockets, switches are in good condition. Extension cords are tested and tagged. Floors are clear. Safety switches are hardwired into electrical switchboards.
3. Chemical - Workplace chemicals register and Material Safety Data Sheets (MSDS) are current. Chemicals are handled and stored to MSDS
guidelines, and employees who use chemicals are trained in their safe use.
4. Slips, trips and falls - Work areas are kept clean, uncluttered and well lit. Employees wear suitable footwear.
5. Storage and racking - Racking systems are stable and in good condition, and they display and comply with the specified Safe Working Load. Safe access is provided to storage areas.
6. Noise - Eliminate or reduce noise from loud processes or equipment. Where applicable, hearing protection is available and signage
indicates it must be worn.
7. Plant - Machine operators have a current licence and always wear a seatbelt. Machine arechecked daily and regularly maintained. Traffic management plans and signage are present, and pedestrians are physically separated as much as possible.
8. Heights – Work areas have safe access and fall protection, handrails are secure and steps are well maintained, platform ladders are industrial
grade and comply with standards.
9. Manual handling - Hazardous manual handling is eliminated. Adequate space is provided for work or storage and trolleys are used to move items. The work area is between knee and shoulder height, and is close to the worker‟s body.
10. First aid - A first aid box is readily available and appropriately stocked. Qualified first aid staff are available and known to staff. Sufficient amenities are present for all staff.
11. Asbestos - All asbestos is correctly labelled and an asbestos register is prepared and up to date. Asbestos in poor condition has been removed by a licensed asbestos removalist.
12. Machinery - Safe access to machinery and equipment is provided. Moving parts cannot strike or reach people, and other hazards associated with machinery such as fumes, chemicals and noise have been assessed.
MEDIUM AND LARGE BUSINESSES
There are seven pillars of safety all medium and large employers should consider as part of a framework for ensuring ongoing, systematic and effective management of workplace health and safety matters. They are:
1. Senior management roles and accountability - Clear top down responsibility and KPIs for OHS/Return to Work, supplemented with suitably
qualified, professional advice.
2. Strategic planning - A commitment to health and safety (and assisting workers to return to the workplace after injury) are part of the
organisation‟s business plan.
3. Recording and reporting - Health and safety and injury claims/premium performance data is recorded and reported at director level.
4. Training and supervision - Managers and supervisors understand their OHS role and responsibilities and potential impacts of poor
performance.
5. Consultation - Regular, inclusive discussion with relevant staff on health and safety and return to work improvements.
6. Hazard management - Hazards are identified and risks controlled in a systematic way using the hierarchy of control.
7. Injury management - All relevant staff proactively involved and coordinated by a suitably appropriately senior and competent Return to Work Coordinator.
So don't think this resolution is one you can put off unless you want to potentially spend the next new years in somewhere less savoury – note page 20 of the first link – 5 years.
Get some good advice and get into action
Harmonisation is NOW!
Jillian Hamilton - AWX National Safety Manager