On the 1st January 2012 many Australian jurisdictions will have adopted the Model Work Health and Safety Act and Regulations.

The aim of WHS Harmonisation is for all work health and safety laws including Regulations, Codes of Practice and guidance material to be harmonised across all States and Territories of Australia.

What does this mean for your business?

The changes are intended to reduce compliance costs and red tape for business; maintain a strong work health and safety framework; keep business accountable; and to make laws easier to understand whilst protecting workers.

Due diligence - an example:
For example, a person who is an officer under s9 of the Corporations Act 2001 (Cth) will be required to undertake due diligence as a positive duty in work health and safety matters. This duty 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 their due diligence requirements. If satisfactory evidence is not produced, the inspector may issue the director with an improvement notice or commence prosecution proceedings in the event an omission is serious, reckless or flagrant.

A broader definition to whom a duty is owed:
Broadening the definition of workers to whom a duty is owed introduces a higher duty of care to others, as well as employees. It extends to, for example, contractors, subcontractors, employees of contractors or subcontractors, employees of labour-hire companies, outworkers, apprentices, trainees, work-experience students, volunteers and persons of a prescribed class.

A number of other changes have also occurred including licenses to operate plant, union right of entry, increased worker consultation, health and safety training requirements, mandatory incident reporting requirements and increases in fines for most jurisdictions.

How can Risk Strategies assist your business?

Risk Strategies is currently completing workshops and briefings to our clients in readiness for the changes. Please contact us if you are unsure about changes to specific compliance requirements or require additional advice and guidance on implications to your business as a result of the introduction of the Work Health and Safety Acts in your jurisdiction.

We are actively updating Safety Management System procedures and tools, advising re who are responsible officers and in equipping them, assisting with contractor management programs, and hazard management initiatives to accommodate new regulatory requirements.