As our readers would no doubt be aware, other than in Victoria (which already has similar laws) and Western Australia, all other jurisdictions in Australia are subject to the "harmonised" work health and safety (WHS) laws.
As part of ongoing compliance with these laws it is important for all businesses, officers, managers and workers to keep on top of those laws applicable to their industry/business and of any changes which should be noted / adopted into existing practices.
The purpose of this article is to let readers know of some of the more recent developments in WHS laws.
Duties of Officers – First charges brought in ACT
Under section 27 of the Work Health and Safety Act 2011 (ACT) (WHS Act), officers (eg directors, company secretaries) of persons conducting a business or undertaking (PCBU) must exercise due diligence to ensure their respective PCBU complies with its duties/obligations under the WHS Act. This obligation is a standalone one and not dependent on any breaches by a PCBU to be enforced (see our earlier article Welcoming the New Year - Impact of OHS Harmonisation on Insolvency Practitioners, Stand Alone Obligations and Increased Penalties from 1 January 2012).
As of June 2014, ACT became the first harmonised jurisdiction to bring charges against officers under this provision, with the potential individual penalties being up to $300,000. With these charges being laid it serves as a timely reminder to officers of PCBUs that their duties and obligations will be enforced and that they cannot simply sit back and not be involved to some extent in the safety of their businesses. Effective health and safety systems are managed from the top down, so if officers haven't done so to date now is the time to make sure you get involved in the safety aspects of your business.
Western Australia Update
As one of only two jurisdictions not having adopted the harmonised WHS laws, Western Australia is currently in the process of examining whether its existing laws should be changed more akin to those in harmonised jurisdictions.
At this stage the intention is to have two sets of WHS laws, one that applies to the resources sector and one for everything else. Whilst the general WHS legislation appears on track to be implemented by the end of the year, the harmonised resources sector laws (now deemed "modernised" resources sector laws) appears unlikely to be implemented before the end of 2015. We will keep readers informed of any developments.
Codes of Practice – Guidelines introduced instead
As part of the still ongoing process to develop Codes of Practice (see our earlier article Don't Get Caught in the Past - WHS Regulations and Codes Released), SafeWork Australia has, like the Code on Workplace Bullying, opted to create nine guidance materials/packages with respect to the following topics:
- Workplace traffic management;
- Managing risks in forestry operations;
- Managing cash-in-transit security risks;
- Scaffolds and scaffolding work;
- Working in the vicinity of overhead and underground electric lines;
- Industrial lift trucks;
- Formwork and falsework;
- Safe design, manufacture, import and supply of plant.
Copies of the guidance materials can be found here.
Importantly, whilst not a Code of Practice these Guidance Materials provide information relevant to specific areas in WHS which must be considered to form part of the knowledge of those who work in areas where these Materials would be of relevance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
