The Work Health and Safety Act (WHS Act) is being passed progressively in all jurisdictions, commencing from as early as 1 January 2012.
There will be many changes for departments and agencies to understand and meet, particularly in the commonwealth public sector. the most significant of these changes include:
- a clear duty to protect the health and safety of all who work for the organisation, whether as employees, contractors, students on work experience, or volunteers
- a positive duty on officers to exercise due diligence (as defined in the WHs act) to ensure compliance by the organisation
- a duty to consult, co-operate and co-ordinate activities with all others who have a duty over the same matter (eg, in relation to particular work)
- changes to worker representation and union right of entry, and
- changes to the role of the regulator, adopting an approach of graduated enforcement starting with giving advice and guidance on how to comply with the law.
Our oHss team has been working with many commonwealth and state departments and agencies to identify what the changes will require them to do and assisting them to put in place the necessary changes. Many in both the public and private sectors have, however, been waiting for greater clarity in regulations and codes of practice before taking action. for those who have been waiting, there is a need for immediate action.
The key to taking action is to understand:
- what the law will require
- who the officers of the organisation are
- the readiness of the organisation to meet the requirements, and
- what must be done to address identified gaps.
This starts with executive workshops (at ses and director level) providing information on the implications of the new laws. the next step is commonly commissioning a review of governance and operational structures and policies and activities of the organisation, identifying the current status and measures to address deficiencies and providing for improved capability and performance. these reviews should determine not only what the documented systems provide, but also the level of compliance with those systems and opportunities for formalisation of ad hoc processes. a review should include input from legal and subject matter experts, working with internal stakeholders.
We have found that the area in need of greatest attention in the public sector is that of corporate governance.
Compliance with the elements of due diligence as defined requires active involvement of the leadership team through detailed advice, reports and decision-making on key health and safety matters. We have found that the governance structure and processes, as applied to health and safety, often do not allow for that to occur. Having competent safety professionals performing diligently at an operational level is not enough.
Consultation and co-ordination with other duty holders is another area commonly in need of additional policies and procedures. this is not just in engaging effectively with contractors. a good deal of work in the public sector takes place in workplaces under the management or control of others and consultation and co-operation must occur with them. proper communication should take place with designers and suppliers, through appropriate procurement policies.
Consultation with employees is a necessary part of the development and modification of systems to provide for compliance with the new laws, and to ensure properly informed outcomes while meeting legal obligations to consult. revised and new policies then need to be implemented with appropriate training, review and finetuning.
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.