Ohs Harmonisation
As of 1 January 2012, a standardised approach to occupational health and safety legislation
will commence and replace all existing State and Territory OHS harmonisation laws.
What changes can we expect with the forthcoming harmonisation OH&S legislation? How will it affect you and your business?
We can expect considerable change, particularly with regard to businesses operating across different States, however it is expected that the new legislation would benefit by removing some of the existing requirements between different states. Companies will not need to comply with more than one Act, making life easier for everyone, as businesses will be able to focus their attention on developing and implementing nationwide strategies.
The new standard will not significantly change what is expected from the employer when it comes to minimising risks and being liable to provide a safe workplace for all employees affected by that business, however the new regime will definitely change employers current obligations.
Here are a few examples of changes proposed under the new laws:
The person conducting a business (PCBU) has the primary duty of care:
A new concept is being introduced, called a Person Conducting a Business or Undertaking- PCBU, involves the work activities of a business as the primary legal entity.
Due diligence:
The responsible officer of a company will be obliged to exercise due diligence to make sure that the organisation is complying with OHS harmonisation laws. It will be that officers legal responsibility to take care of health and safety matters, keep the knowledge base up-to-date, identify any potential hazards and act immediately. With respect to consultation, the new provisions state that an employer must consult when making decisions about:
Controlling or eliminating risks;
OHS procedures;
Changes which impact on employees health and safety; and
The identification of hazards and assessment of risks.
In addition, in NSW and Tasmania, for the first time provisional improvement notices can be issued.
New rules for union right of entry:
Unions will have the power to enter premises to investigate the workplace safety and advise employees about matters pertaining to OHS.
Who is defined as a worker?
There will be a wider scope in the definition of worker and workplace, now expanded to include anyone who is conducting or undertaking the business and also anyone involved in undertaking work on the premises. Under the new laws the definition will broadened to include a contractor, a labourer, hired worker, an apprentice or trainee, an outworker, a volunteer, a work-experience student, and even the person conducting the business. Therefore the employers responsibility for OHS harmonisation will expand significantly.
What are the penalties for breach?
Corporations will be liable to face fines up to $3 million per offence and individuals up to $600,000 or five years in jail.
How to get ready for the new OHS harmonisation laws:
The changes are proposed to commence on 1 January 2012 so its time to take action now.
We suggest the following:
Prepare an audit of all your existing OHS compliance;
Make health and safety management part of your day-to-day agenda;
Ensure regular internal compliance reviews;
Ensure that your operational staff and contractors clearly understand their responsibilities and duties;
Ensure due diligence is occurring;
Get out there- Check for yourself what is really happening in the workplace and how the whole system is operating; and
Consult regularly with staff on workplace safety issues.
What steps are you planning to take towards OHS harmonisation?
by: Lily Horn
Bmw Plant Chennai Rolls Out The 25000th Car. Celebrate The Olympics In Style With A Hog Roast. Event Management -we Are Ready To Take The Responsibilities Crossover, Sedan Or A Suv? What Do Hog Roast Machines Offer You? Getting The Most Suited Carpet Underlay For Your Needs How To Improve Your Social Intelligence? In Which Is It Possible To Locate Lower Price Artist Tannin Is? Model Airplanes A Great Hobby To Pursue Distance Learning Mba Courses Unquestionable Suit Every Needs How Many Mobile App Stores There In The World? How To Curb Dog Digging How To Clean A Sandstone Hearth