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Work Health and Safety. Legislation. Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Codes of Practice. Policy State government Departmental. Duties.
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Legislation • Work Health and Safety Act 2011 • Work Health and Safety Regulation 2011 • Codes of Practice Policy State government Departmental
Duties • Officers have a positive duty of care to exercise due diligence to ensure that person conducting a business or undertaking complies with its duties • Workers (employees and other workers) • Other persons • PCBU’s Primary duty of care
Definition of a worker Under the WHS legislation, a worker will be anyone who carries out work in a workplace such as: • An employee • A contractor or sub-contractor • An employee of a contractor or sub-contractor • An employee of a labour hire company • An apprentice or trainee • A student gaining work experience • An outworker • A volunteer • Other – include clients, customers and visitors
Consultation in 2012 • Transitional arrangement for 12 months • Workgroups • Health and safety representatives • Training • WHS committees
Overview of WHS • The Act sets out the processfor electing HSRs, and their functions, powers and entitlements • Determination of work groups provides the basis for electing HSRs • HSRs are elected for 3 years to represent their work group on WHS issues • HSRs can inspect, investigate and represent workers • HSRs can issue Provisional Improvement Notices (PIN) and direct that unsafe work cease, only if they are trained
Overview of WHS • The Act allows work groups to cover multiple businessesto be established • HSRs is not personally liable for things done in good faith • Deputy HSRscan deputise for the HSR if unable to exercise function or ceases to hold office • HSRs powers and functions limited to work group except where issues overlap • Disqualification of an HSR can be sought on grounds such as using powers for improper purposes
WHS Committees • Functions: • (a) Facilitate cooperation between the PCBU and workers in instigating, developing and carrying out measures designed to ensure the workers’ health and safety at work; • (b) to assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace; • (c) any other functions prescribed by the regulations or agreed between the PCBU and the committee.
Issue Resolution • DEC will establish a simple Issue Resolution procedure to assist workplaces in dealing with WHS issues • This will provide clarity for HSRs in undertaking their responsibilities • HSRs should not consider issuing a Provisional Improvement Notice until the Issue Resolution procedure has been followed
Incident Reporting • The new Act defines incidents which are required to be notified to WorkCover NSW. These include: (a) the death of a person; or (b) a serious injury or illness of a person; or (c) a dangerous incident. • Incidents should be reported in accordance with Institute procedures
Vision for health and safety at Sydney Institute All workers are safety leaders who take responsibility for their own health, safety and welfare as well as others in the workplace. This vision is achieved by: • promoting health and safety as a progressive and influential process that changes and saves lives • pursuing our work with passion and in a professional and capable manner that generates higher standards of safety • knowing that health and safety is not about paperwork, it is about our behaviour and attitude • communicating and consulting as they are at the heart of bringing about a safer workplace • creating a safer and healthier workplace by having plans in place to prevent incidents • continually improving what we do to care for ourselves and others in the workplace.
